Employment Litigation

Savina Consulting has provided expert testimony on various issues related to charges of employment discrimination in both federal and state court. Savina Consulting has provided testifying and consulting services related to hiring, performance evaluation, promotion, downsizing, hostile work environments, stereotyping, discipline, training opportunities, and overtime eligibility.

Savina Consulting has testified in cases involving charges of age, race, gender, and disability discrimination, as well as in Equal Pay Act and FLSA cases. Savina Consulting provides services to both plaintiffs and defendants in public sector and private sector organizations.

A brief synopsis for four different cases in which Savina Consulting was retained:

Allegations of race discrimination in disciplinary actions in a federal law enforcement agency

Savina Consulting was retained by a federal law enforcement agency to examine allegations of disparate treatment in discipline decisions between White and Hispanic agents. Specifically, it was alleged that Hispanic agents received longer suspensions than White agents for similar conduct violations. Savina Consulting developed a coding process whereby over 100,000 pages of disciplinary records were reviewed and content analyzed to investigate whether mitigating and aggravating circumstances (Douglas Factors) were used differentially to unfairly advantage White agents and disadvantage Hispanic agents. Statistical analyses revealed that Hispanic agents were not treated more harshly than White agents in the assignment of suspension length for similar conduct violations. Summary judgment was granted for the agency.

Claims of systemic age discrimination

Plaintiffs filed suit against a global innovation company alleging systematic discrimination against older workers. Savina Consulting was retained to assist in the rebuttal of allegations of age discrimination in each of 8 HR systems (e.g., selections for training, promotions, reductions in force). Savina Consulting reviewed over 800,000 pages of discovery in order to develop an understanding of the HR systems. Through exhaustive document review and interviews with key company executives, Savina Consulting was able to develop comprehensive descriptions of each of HR system and describe the extant checks and balances that mitigated any systemic patterns of decision making favoring particular demographic groups, including younger workers. Savina Consulting also conducted an extensive comparison of the organization’s HR practices to industry best practices and strategic HR practices. Savina Consulting's testifying expert submitted expert reports and provided deposition and trial testimony. The organization eventually reached a settlement with the class members.

Large scale test development as a court monitored remedy for gender discrimination in one of the nation’s largest law enforcement agencies

Savina Consulting was retained by Plaintiff’s Counsel to develop and validate selection procedures in compliance with a consent decree. Savina Consulting conducted job analyses and developed job-related tests for 54 positions within the agency. When possible, Savina Consulting developed assessment components by job family in order to increase administrative efficiency. Savina Consulting applied both statistical and rational methodologies to group the 54 titles into 7 job families. For each of the 54 titles, Savina Consulting developed minimum qualifications, structured behavioral interviews, competency demonstration exercises, and written situational judgment tests. The selection procedures and scoring methodologies were designed to maximize validity and reduce adverse impact. All tests and validation reports were approved by the court monitor.

Class action claims of race discrimination in promotions

Plaintiffs filed a class action lawsuit against a Fortune 100 automobile manufacturing company alleging race discrimination against African American workers in promotions from an entry-level production position to two first level supervisor positions across numerous production plants. Savina Consulting was retained by defendant to assist in the rebuttal of allegations. Savina Consulting performed an extensive review of the position in question across plants, interviewed key executives, managers, and decision makers, and relied upon industry best practices in order to develop an accurate understanding of the promotional process and how decisions were made. Savina Consulting's expert submitted an expert report and provided deposition and trial testimony. The District Court determined that plaintiffs failed to meet the prerequisites for class certification and held that they could not show that they were denied promotions for which they were eligible. The ruling was upheld on appeal. Subsequent to the court ruling, Savina Consulting was engaged to develop a compensatory selection system, comprised of five assessments, designed to reduce adverse impact for hiring into the entry-level production position at issue in the lawsuit.