Expert Article Library

Racial Discrimination in Job Promotion

Case Name: Anderson v. Westinghouse Savannah River Co.
(http://pacer.ca4.uscourts.gov/opinion.pdf/031150.P.pdf)

Court: U.S. Court of Appeals for the Fourth Circuit, on appeal from District of South Carolina (Aiken Division)

Date: May 4, 2005

Type of expert: Statistics. Dr. Edwin L. Bradley, sociological statistical expert

Issue: Should expert testimony that doesn’t directly address plaintiff’s claim be admitted as evidence?

Summary of case: Minority plaintiff claimed racial discrimination in pay and promotion system of defendant employer.

Role of the expert: Plaintiff’s expert testified that evaluating Defendant’s promotion system, minorities consistently scored lower than whites and that therefore the system was skewed toward whites getting promotions at the expense of minorities.

Expert analysis: Defendants argued that the statistical evidence relied on by the expert covered job groupings and pay grades that were too broad to accurately analyze Defendant’s promotion system.

The Court granted summary judgment for Defendant, saying that the expert testimony was deficient because the statistical evidence didn’t compare workers in similar positions, but instead compared workers across vast occupational categories. In short, the analysis was based on comparisons not relevant to Plaintiff’s claims.

Summary prepared by J. Baik, Student, University of San Francisco School of Law