In the recent case, EEOC v. Bloomberg L.P., the expert reports of Welch Consulting economist Michael P. Ward, Ph.D., were relied on and cited by Loretta A. Preska, Chief United States District Judge for the Southern District of New York, in her decision awarding summary judgment to Bloomberg L.P.  Judge Preska found no merit to the EEOC’s claim of a class-wide pattern or practice of discrimination by Bloomberg L.P. against pregnant employees or employees returning from maternity leave.  Judge Preska noted that “Bloomberg has offered statistical evidence that disproves the EEOC’s compensation- and promotion-based pattern or practice claim.” Download the Summary Judgment decision here. Dr. Ward, assisted by a Welch Consulting team including James Pearce, Ph.D. and Donald Deere, Ph.D., submitted a total of four reports and a declaration in this matter.

The summary judgment decision follows the order a year earlier by Judge Preska to exclude the testimony and report of EEOC’s statistical expert.  The earlier decision also drew extensively from the reports of Dr. Ward. Download the Order to exclude EEOC’s experts here.

As Judge Preska reiterated in the summary judgment decision, “making a comparison to similarly situated employees is essential to proving a discrimination claim… Indeed, the reason EEOC’s expert evidence was excluded was that it did not make a comparison to similarly situated employees.  The fact that Bloomberg’s experts made the legally relevant comparison and found an absence of discrimination in pay or promotions is significant.”  Judge Preska cited Dr. Ward’s conclusion that “`women who take maternity leave fare slightly better, in terms of intended compensation, than other Bloomberg employees on leave for similar amounts of time.’”