Litigation Support

LITIGATION SUPPORT

APTMetrics’ I-O psychologists provide employment litigation support and frequently serve as expert witnesses assisting both defendants’ and plaintiffs’ counsels in class-action employment discrimination, harassment and wage and hour law suits.

Our litigation support services include: examining whether statistical evidence supports the filing of class-action employment-discrimination lawsuits; identifying relevant materials and information that need to be evaluated to determine whether employment discrimination has taken place; reviewing relevant documentation to determine whether a test or other employment procedure (e.g., performance appraisal system) is valid and job-related according to legal and professional guidelines and standards; drafting questions to be used by lawyers during depositions; conducting job analysis to determine if jobs meet exemption criteria in wage-hour cases; memorializing findings and conclusions regarding validity evidence in expert reports; and testifying in court about expert opinions and conclusions.

CBC-182x300 2Criminal Background Check Evaluations
While criminal background checks (CBCs) can serve legitimate business purposes by giving organizations the ability to safeguard customers and employees, avoid negligent hiring claims and protect company property, they often also have adverse impact in the hiring process. It is critical that employers ensure that their criminal background check policies satisfy important business objectives and can withstand legal scrutiny.

Our criminal background check evaluation service will help you identify appropriate job-related criteria for excluding criminal offenders from hire.  We have developed a solid methodology for validating CBC criteria that leverages our firm’s expertise in developing validated and legally defensible selection procedures. Contact us today to learn how we can help you conduct criminal background checks without breaking the law.

OFCCP Audit Support
We offer assistance to employers faced with OFCCP compliance evaluations. Our OFCCP audit support services include: consulting with contractors and their legal counsel to assess risk, reviewing documentation to determine whether a test or other employment procedure is valid and job-related, researching adverse impact findings, conducting compensation analyses, establishing the validity of employment practices, and assisting employment counsel in their negotiations with agency officials.

HR Process Audits
Our HR process audit services are designed to help our client organizations meet and sustain the goal of providing consistent and fair treatment to their employees. We proactively assess areas where HR processes can be improved to derive the most value from diverse talent. We use a multi-phase approach in working with internal or external counsel and our clients’ HR departments to make recommendations and implement improvements to HR processes.

Job Analysis for Wage and Hour Issues
Under wage and hour law, the classification of employees as eligible for overtime (non-exempt) or ineligible (exempt) is based on the type of tasks employees perform at work.

This focus on work performed makes job analysis the ideal tool for ensuring accurate and legally defensible decisions regarding exemption status. Job analysis allows for the collection of structured verifiable data to document work requirements and support exemption decisions. For employers that fail to conduct job analysis on a proactive basis to make exemption decisions, we also conduct “post hoc” job analyses to defend against legal challenges.

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