In this example, consider a case where a pay differential, estimated across all members of an alleged class of employees, masked considerable variation between employees in different jobs.

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In this example, an accurate model of the hiring process showed African Americans were favored in hiring, despite the opposing expert’s claims to the contrary.

The opposing expert failed to account for weekend availability, and other key considerations, in modeling the hiring processes at a national big-box retailer. He claimed the defendant hired fewer African American applicants than expected.

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