Litigation Mitigation

Litigation Mitigation

Litigation Mitigation:
Proactive Employment Studies

DfD assists corporations, government agencies and nonprofit organizations to proactively mitigate the future risk of employment-related litigation or government audit through the use of periodic disparity and/or diversity studies. Proactive workforce reviews provide an organization with the data, in accordance with current legal standards, to determine whether or not, and to what extent, remedial programs for race, gender or age discrimination are appropriate.

Depending on the scope of the study, an analysis of workforce composition provides a comprehensive analysis of institutional activities and assists the decision-maker to:

Examine hiring patterns and initial job assignment

Review promotional practices for career ladder, glass ceiling issues

Determine whether statistical disparities exist in overall compensation and components of compensation (eg. base salary vs incentive compensation)

Evaluate disciplinary and termination practices

Assess the potential impact from a reduction in force/layoff or an organizational restructuring

An employment study may entail an expansive, company-wide analysis or may be focused within a particular geographic region, corporate division or organizational level (eg. management, the commission sales force, non-exempt workforce etc.). Such studies often involve examination of the company’s competition and market dynamics. We have particular expertise in utilizing Census or Current Population Survey data to specifically identify potentially vulnerable areas and offer guidance on appropriate alternatives.