Employment Discrimination and EEO Expert Witnesses: 19

Maureen Clark, SPHR, President of Three Sixty HR, Inc., began her Human Resources career in finance and Fortune 100 manufacturing. Ms. Clark has been consulting in Human Resources for over 30 years serving more than 200 clients in the high tech, manufacturing, services, not-for-profit, education and public sectors. Ms. Clark is particularly skilled at analyzing difficult workplace problems and creating win-win outcomes. 

Ms. Clark's practice has expanded to include HR investigations (PI#27972), litigation consulting and expert witness testimony for both plaintiffs and defense. Ms. Clark is a member of the Society for Human Resources Management, the Northern California Human Resources Association, the Association of Workplace Investigators, and the Forensic Expert Witness Association. 

Expert cases have included allegations of:

• Age and Pregnancy Discrimination
• Adequacy of Employer’s Response to a Complaint of Discrimination,
• Failure to Accommodate a Disability
• Adequacy of Employer’s Response to a Complaint of Sexual Harassment
• Negligent Hiring
• Wrongful Termination
• Constructive Discharge
• Failure to Comply with Meal and Rest Period Requirements
• Failure to Pay at Termination
• Discrimination Based on Disability
• Adequacy of Investigations
• Liability for a Tort Occurring During the Course of Employment
• Whistleblowing, Retaliation

View Maureen Clark's Consulting Profile.

“We settled the case...for $5 million. Your report played a huge role in that.  Thank you for everything!”  Nick H. 

Beth A. Mohr, CFE, FSA, CFCS, CAMS, CCCI, MPA, PI, is a Police Practices expert with over 30 years of sworn and non-sworn investigative experience.  Ms. Mohr has testified as an expert in numerous state and federal court proceedings, depositions, and administrative hearings in federal and state courts, including New Mexico, Ohio, Illinois, Arizona, California, and Washington State.  Ms. Mohr has testified on a variety of subjects, including police procedures, police misconduct, white-collar crime, and fraud examinations.  Her expertise has been verified by the courts via a Daubert challenge, in which Ms. Mohr was found to be qualified as an expert in police practices generally, and well as the specific areas of interviewing, interrogation, false and recanted confessions, cognitive bias, investigations and investigative failures, vice, and human trafficking.  Ms. Mohr is neutral, fair, and her opinions are rooted in provable facts, as well as academic literature, where appropriate.  She strives to balance her cases between defense and plaintiff-sided cases, and also provides habeas consulting services.  

Ms. Mohr is credentialed as a Nationally Certified Law Enforcement Instructor by the IADLEST, and is one of fewer than 150 individuals who have been nationally certified as an expert law enforcement instructor.  She is a Certified Fraud Examiner, Certified Force Science Analyst (FSA) Certified Anti-Money Laundering Specialist (CAMS), Certified Financial Crimes Specialist (CFCS) and a Certified Cyber Crimes Investigator (CCCI).  She is also a Private Investigator (PI) licensed in New Mexico, Arizona, Texas, and California.  

Areas of Expertise:

• Police Practices and allegation of Police Misconduct
• Excessive Force, Deadly Force & Use-of-Force
• Taser, ECWs, and other uses of force intended to be less-lethal
• Interviewing, Interrogations & False and Recanted Confessions
• Police Ethics
• Investigative Failure, Cognitive Bias, Confirmation Bias
• Habeas Consulting, including death penalty cases
• False Arrest
• Failure to Train / Failure to Supervise               
• Evidence Handling
• Police Policy, SOPs
• Fraud & White-Collar Crime
• Vice & Human Trafficking
• Money-Laundering Cases
• Cryptocurrencies / Bitcoin
• Retaliation & Qui Tam
• Workplace Violence & Sexual Harassment
• Private Investigations & PI Failures

During her career with the San Diego Police Department, Ms. Mohr was awarded three Commanding Officer’s Citations, which were the highest awards offered by the San Diego Police Department for investigative acumen at the time.  After retiring from the San Diego Police Department, she conducted death penalty mitigation investigations and other complex felony investigations, including homicide and white-collar cases, for the Whatcom County, Washington, Public Defender’s Office.  This includes conducting investigations of allegations of police misconduct for the City of Albuquerque Independent Review Office. Ms. Mohr recently chaired the City of Albuquerque’s Police Oversight Board, a civilian board that was created as part of the US Department of Justice’s Consent Decree with the City of Albuquerque and the Albuquerque Police Department.

Ms. Mohr has published a chapter entitled “Skepticism”, in the newly-released book The Art of Investigation Revisited, as well as having penned articles for bar journals and other peer-reviewed publications.  Ms. Mohr has taught courses on law enforcement topics, including interviewing techniques, investigative ethics, evidence collection, financial and fraud investigations, and many other topics. Her ethics courses, investigative courses, and fraud courses are certified for law enforcement credit.

Stefan Boedeker, PhD, is a Director with Berkeley Research Group, LLC (BRG,) specializes in the application of Economic, Statistical, and Financial Models to a variety of areas such as solutions to business issues, economic impact studies, and complex litigation cases. 

Dr. Boedeker has extensive experience applying economic and statistical theories to class action related matters. His experience also includes applying economic and statistical theories and methodologies to employment related matters such as discrimination, wrongful termination, and wage and hour cases. 

Dr. Boedeker provides Consulting and Expert Services to clients across a wide range of industries, including Healthcare, High Technology, Entertainment, Manufacturing, Retail, Real Estate, Insurance and Financial Services, and Federal, State and Local Governments. He has issued expert reports and has given deposition and trial testimony in state and federal court. 

Areas of Expertise:

View Stefan Beodeker's Complete Profile

Stephen M. Raffle, M.D. is double Board-Certified in Psychiatry and Forensic Psychiatry. Dr. Raffle has over 49 years as a clinical and forensic psychiatrist offering his expert opinion in Federal and State jurisdictions nationwide. In addition to serving as an expert witness, Dr. Raffle consults to attorneys, judges, insurers, and to employers regarding Fitness for Duty and Risk of Violence (Threat) Assessment:

• 5000+ psychiatric assessments
• Expert testimony in 700 depositions and trials
• Successful clinical practice

The job of an expert witness is to educate a jury, judge, attorney, and trier of fact about the forensic psychiatrist's conclusions and how those opinions were derived in a manner well-reasoned, skillful, and easily understood by every person, not only another forensic psychiatrist. In short, an educator. Dr. Raffle’s experience as an educator extends well beyond a forensic venue, yet underpins the key to his ability to explain his opinions.

• Prof. of Psychiatry, UCSF Medical School, 20 years
• U.C. Hastings College of the Law postgraduate course "Trial and Appellate Advocacy" instructing seasoned attorneys about the direct and cross-examination of expert witnesses, with special focus on mental health experts and licensed medical professionals, Psychiatrists (MDs), Psychologists (LCSWs / MFTs), and physicians in other medical specialties, 11 years

Stephen M. Raffle, M.D. & Associates' expertise is well-established in forensic assessment in the areas of:

• Post-Traumatic Stress Disorder (PTSD)
• Dementia and Competency
• Testamentary Capacity
• Undue Influence
• Traumatic Brain Injury
• Malingering
• Emotional Distress: Intentional & Unintentional infliction
• Emotional Distress: Forensic Evaluation to render medical-legal opinion
• Diagnosis and Need for Treatment
• Fitness For Duty
• Risk/Threat Workplace Violence Assessment
• Wrongful Termination
• Discrimination (ADA, Title VII, EEOC)
• Harassment
• Employment Litigation
• Medical Malpractice
• Catastrophic Injury
• Temporary and Permanent Disability
• Medical Records Review
• Assist in Preparation for Direct and Cross-examination of Expert Witnesses and Deposition of expert witnesses

Licensed in California.

As a highly professional & credible Expert, Consultant, & Speaker, Jean Seawright has provided trusted advice & HR Consultation to thousands of organizations nationwide. As president of Seawright & Associates, a Human Resource Management-Consulting Firm, Ms. Seawright is widely respected for her knowledge of state & federal employment regulations including, but not limited to FLSA, ADA, FMLA, Title VII, & others.

Since 1987, she has focused on engagements involving hiring, coaching, & terminating employees; regulatory compliance; charges of discrimination; performance management systems; internal investigations (including harassment); employee handbook development; compensation plan design; HR audits; hiring systems; job descriptions; & others. Ms. Seawright is a frequent speaker at state & national trade associations & is the author of numerous articles & publications in the field of human resources, including the popular book, The Employment Genie®, an exclusive hiring, coaching, & termination system for businesses. 

Areas of Expertise:

• Negligent Hiring and Retention
• Discrimination and EEO Compliance
• HR Policies and Programs
• FLSA and Wage and Hour Compliance
• Harassment
• Expert Witness Services for Employment Law Matters
• ADA
• FMLA
• Hiring Procedures
• Title VII
• Employee Handbooks

Ms. Seawright is available for case analysis, case theory evaluation, expert witness reports, depositions, analysis of other expert testimony, and trial testimony.

Dr. Jane K. McNaught, PhD is a locally and nationally recognized Forensic Psychological Expert specializing in Post Traumatic Stress Disorder with adults and children. Over the course of her more than 35 years of practice, she has worked with both Defense and Plaintiff attorneys and has also been a Court appointed expert.

Dr. McNaught has administered more than 1700 psychological test batteries and testified on over 500 occasions as a forensic expert in the areas of: Civil, Criminal, and Family Law. She also provides trial consultation for attorneys. Dr. McNaught has  been qualified and testified as an expert in PTSD, for both the U.S. Army as well as the U.S. Navy. In addition she has testified as an expert in both District and Federal court. Dr. McNaught practices in the areas of Civil, Criminal, and Family Law cases involving trauma to both adults and children.

In the Civil area, Dr. McNaught is frequently hired as an expert when there are allegations of Emotional Damages involving Post Traumatic Stress Disorder (PTSD). Dr. McNaught has been hired in cases of alleged sexual misconduct within institutional settings such as: Schools, Churches, Treatment Centers, Hospitals, Residential Centers for the Handicapped, Jails and other Police alleged violations.

The following are cases where Dr. McNaugth has been an expert:  PTSD cases involving veterans;  injuries related to Motor Vehicle Injuries/Death; Dog Bite; Amputation; Burns; and Electrocution. Dr. McNaught has also been an expert in  Medical Malpractice Cases,Wrongful Death, and Infant Death cases. Employment Law Experience in cases  involving Age or Sexual Harassment where PTSD is alleged. 

In the Criminal area, Dr. McNaught is hired by both the Prosecution as well as Defense in cases involving Sexual Misconduct. She also conducts evaluations of Defendants in criminal cases where Underlying Psychological Conditions may impact sentencing. She has also  been obtained as an expert to evaluate the reliability of statements obtained from alleged victims of sexual assault. When doing so, Dr. McNaught addresses the following: Recantation, Memory Research, and the Standard of Care for Interviewing Victims of Sexual Assault. 

In the area of Family Law, Dr. McNaught specializes in High Conflict Divorce and and provides consultation in issues related to:  Relocation; Endangerment; Factitious Disorder by Proxy; Parental Capacity; and Parental Alienation. Dr. McNaught is also frequently obtained as an expert to critique other evaluator's reports.

View Dr. McNaught's Consulting Profile.

Beth De Lima, MBA, SPHR-CA. consults with Plaintiff and Defense attorneys in regard to human resource management, the American with Disabilities Act (ADA), Family Medical Leave Act (FMLA), discrimination and related topics.

Ms. De Lima is nationally certified as a Senior Professional in Human Resources with a California specific certification (SPHR - CA) by the Society for Human Resource Management (SHRM) and was appointed to sit on the Employee Health, Safety, and Security Special Expertise Panel, 2006-2010. She is a certified mediator, U.C. Berkeley, Extension Program and had been appointed to the Amador, Calaveras, and Tuolumne County Superior Court Mediation Panels. Specifically, Ms. De Lima can assist you in preparing responses and compiling evidence for existing cases. Her litigation support services may be used to:

• Formulate questions for depositions
• Conduct investigations and interviews
• Evaluate the adequacy of personnel policies
• Analyze evidence and presentation materials
• Identify case weaknesses and alternative strategies
• Document employee physical suitability for work
• Determine "reasonable accommodation"

Please visit her website at www.hrmconsulting.com for more details. Ms. De Lima has offices in Murphys and San Jose California and are available at your convenience to discuss cases on a confidential and complimentary basis.

View Consulting Profile.

A senior clinical faculty member at Harvard Medical School, Harold J. Bursztajn, M.D., is active in patient care in medical, psychiatric and judicial education nationally. He is qualified in both state and federal courts and is nationally recognized as a distinguished impartial, clinical, ethical and forensic expert to P/D attorneys and institutions. Individual and multispecialty team consultations available.

• Informed Consent & Malpractice
• Employment Litigation: ADA, Disability, Sexual Misconduct Discrimination, Worker's Compensation
• Emotional & Physical Damages: Conscious Pain & Suffering, Post Traumatic Stress Disorder (PTSD), Neuropsychiatry & Pain Imaging
• Standards For Experts
• Product Liability: Medical Devices & Pharmaceuticals, Toxic Tort
• Criminal Justice & Public Safety: Diminished Capacity, Drug Addiction, Competency to Confess, Death Penalty Mitigation, Workplace Safety
• Family & Custody Issues
• Testamentary & Contractual Capacity
• Professional & Organizational Ethics: Patient Care, Managed Care, Privacy
• Psychoanalysis & Cultural Perspectives

Boston Office
900 Greendale Ave., Unit 10
Needham MA 02492
T: 781-209-5820 F: 617-507-8412

CHRISTOPHER S. REECE has more than 25 years of experience in Executive Search and Management Consulting. He currently serves as Managing Director of EMA Partners, Boston, a firm that provides executive search consulting services. He also co-founded Group/HSA, a management consultancy specializing in human capital management based in Boston, and earlier Reece & Mruk Partners. Mr. Reece has conducted over 300 executive searches and numerous organizational and executive assessments.

Areas of Expertise: Executive Compensation, Employability, Executive Search, Career / Vocational Assessment. Outplacement, Earnings Capacity

 View Curriculum Vitae. 

Chicago Office

RICHARD D. SBARBARO is Chairman of Lauer, Sbarbaro Associates • EMA Partners International, an executive search organization. He has conducted over 1,400 senior-level search assignments including industrial, commercial, financial services, consulting, technology, healthcare and the academic/not-for-profit sectors. He has advised clients nationally on issues of Organization and Compensation, and has provided valued counsel to senior management regarding Executive Appraisals and Management Evaluation. Mr. Sbarbaro has been retained by attorneys for plaintiff and defense.

Areas of Expertise:  Executive Search, Compensation, Employability and Earnings Capacity

 View Curriculum Vitae. 

Tampa Office
413 West Palm Drive
Lakeland, FL 33803
T: 863-687-3388 F: 863-687-3388

THOMAS S. TILGHMAN  has more than 40 years of senior consulting and management experience in Compensation, Executive and International Compensation. He currently provides compensation consulting related services through Tilghman Associates LLC. He has conducted compensation and human resources related projects in a wide variety of industries including high tech, pharmaceuticals, banking and oil industry. He has worked with start-ups to Fortune 100 companies.

Areas of Expertise: Executive Compensation, Executive Pay and Benefits, Outplacement, Career / Vocational Assessment, Earnings Capacity, Employability

 View Curriculum Vitae.

Ramona Powell, SPHR, founder of exPRt HR Consulting, LLC, has 30 years of C-Suite Human Resources and Expert Witness Experience. She prides herself on linking human capital with business strategy.

Litigation Support - A nationally certified Senior Professional in Human Resources, Ms. Powell has a proven track record as an expert witness. Having served as an expert on over 25 cases, legal professionals for plaintiff and defense retain her for her proven ability to provide clear and concise opinions in cases covering a wide variety of topics. As an experienced business partner, she delivers results across all strategic and operational Human Resource practice areas.

Areas of Expertise:

Discrimination

Employment

Background Experience - Ms. Powell has proven experience developing peak performing HR organizations that support business strategy, productivity, and profitability. She is a strategic business partner to C-suite, with global experience in technology, healthcare, manufacturing and distribution operations in the U.S., Mexico, Europe, and Australia across diverse industries. Ms. Powell is responsible for the successful design and implementation of strategic HR initiatives, building and developing high performance HR teams, and aligning people strategy with corporate strategy.

View exPRT HR, LLC's Consulting Profile.

Malcolm S. Cohen, PhD, President of Employment Research Corporation, has over 30 years of experience in the field of Economics and Employment specializing in Labor Markets and Statistical Analysis. 

Dr. Cohen founded the firm in 1997, after retiring as the Director of the Institute of Labor and Industrial Relations at the University of Michigan, which he directed for 13 years. With a PhD in Economics from the MIT in 1967, his research interests include labor market information, labor turnover, employment forecasting and labor shortages. He has directed several major studies to identify national shortage occupations and measure labor turnover using administrative records. 

Dr. Cohen's book, Labor Shortages as America Approaches the Twenty-first Century, was published by the University of Michigan Press. His most recent book, Global Skill Shortages, written with Professor Mahmood A. Zaidi, is published by Edward Elgar Publishing. He has had articles published in a large number of journals, including: Journal of Human Resources, Monthly Labor Review, Journal of Political Economy, Review of Economic Statistics, Journal of Economic Theory, and The American Economic Review. 

Litigation Support - Dr. Cohen has either testified or been a consultant in over 1,000 audits or cases and has testified over 150 times. He has also served as an expert to the EEOC and U.S. Department of Labor in discrimination cases, and has directed many research projects sponsored by government agencies. 

Areas of Expertise:

View Dr. Cohen's Consulting Profile.

Allison West, Esq., SHRM-SCP, AWI-CH

In 2000, after practicing law at a San Francisco Labor and Employment boutique, Allison started Employment Practices Specialists to fulfill her personal mission of helping companies build and maintain safe, respectful and productive workplaces.

Allison focuses her practice on conducting workplace investigations, delivering one-on-one sensitivity training for executives, managers and employees concerning sexual harassment, discrimination, and diversity awareness issues, coaching managers and employees with disciplinary and/or behavioral problems, providing expert witness and litigation assistance.

Litigation Support - Allison improves case effectiveness well before trial by suggesting strategies, investigating and uncovering facts, and performing research. She assesses the technical merits and the time/money/risk equation of a case, offering suggestions to counsel on the advisability of moving forward or settling. Allison's thorough knowledge of both Employment Law and Employment Practices can bring to your case the clear and comprehensive overview you need.

Areas of Expertise:

Allison specializes in developing and delivering interactive training programs in the US and internationally that address employment law and human resources issues.

Allison was brought into CBS News to deliver harassment training immediately after Charlie Rose was terminated and went on to deliver training at 60 Minutes, The Late Show with Stephen Colbert, and other CBS programs. She trains at organizations of all sizes and industries, nationally and internationally.

Allison is a frequent top-rated speaker at local and national events such as the Society for Human Resource Management’s (SHRM) Annual Conference & Exposition where she has been ranked as one of the top ten highest rated speakers.

My name is David T. Sweeney.  I am a Police Policy and Procedure expert and a retired 34-year veteran police leader with Seattle Police and Oregon State University PD.  I have decades of experience supervising a large number of police officers and supervisors. I am currently employed as adjunct faculty in the School of Police Staff and Command at Northwestern University. I enjoy assisting with expert reviews of policing best practices for a variety of legal standards for police departments. As an expert witness, I have been pleased to work with both plaintiff and defense attorneys. I will give you an honest assessment of your case, so that I can provide the best reports and helpful testimony. I have experience with 41 total cases: 16 defense cases and 25 plaintiff cases.

Litigation Support - My goal is to improve best practices in policing by offering expert witness and police consultation services. I am also a trained mediator specializing in workplace conflicts. I provide honest, unbiased opinions. I will be happy to review and discuss your case. I will point out strengths and weaknesses of the case, and we can work on next steps, whether it be further case review, expert report, deposition, or trial testimony. I have spent 21 years as a sergeant and lieutenant, responsible for training and reviewing topics such as police pursuits, use of force, police tactics, de-escalation, police supervision, less lethal weapons, active shooter, SWAT, crowd control, legal standards, EEO, Human Resources, U.S. 1983 cases, and more.

 Areas of Expertise:

View David T. Sweeney's Consulting Profile.

Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially in Investment Management Firms, Mutual Funds, Hedge Funds, Wealth Managers, and Broker-Dealers. Mr. Carr is a former corporate banker, investment firm Chief Financial Officer, and a 20-year veteran of executive search for the Investment Management industry. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to entering the executive search field, he was the Chief Financial Officer of a Connecticut-based hedge fund and Commodity Trading Advisor (CTA). Mr. Carr started his career in commercial bank lending, initially with Citigroup in their Wall Street Commodities division and later specialized in financing independent feature film producers, TV producers, and television station owners on behalf of European American Bank in New York. 

Litigation Support - Frank Carr is an Investment Industry Employment and Compensation Expert Witness who has been retained by both plaintiffs and defendants for American Arbitration Association, JAMS and FINRA arbitration, mediation, and federal court litigation. Mr. Carr has over 30 years of experience in Financial Services, Investment Management, and Banking and his areas of coverage include Traditional and Alternative Investments – Equities, Fixed Income, Mutual Funds, Hedge Funds, Private Equity, and Managed Futures. Specialist in Wall Street Divorce. 

Areas of Expertise:

Prior Expert Witness Assignments:

• Represented a hedge fund portfolio manager as an expert rebuttal witness in a high-profile hedge fund employment/compensation lawsuit. Prepared a rebuttal opinion letter submitted to the United States District Court for the Southern District of New York.
• Represented a $12 billion Texas-based SEC Registered Investment Adviser and leading global alternative credit manager in a JAMS arbitration regarding a terminated employee. Prepared a rebuttal expert witness report and provided live testimony at the JAMS arbitration hearing.
• Represented a financial advisor in a FINRA arbitration against one of the top 5 U.S. wealth management firms. The scope of the opinion included projected career advancement, compensation analysis, and calculation of lost earnings.
• Represented a portfolio manager/ investment analyst in a wrongful termination action against one of the largest U.S. Broker-Dealers with over $600 billion in assets. The scope of the opinion included projected career advancement and compensation analysis. Prepared an expert witness report and provided live testimony at the FINRA arbitration hearing.

Education - Mr. Carr is a graduate of Williams College where he received a Bachelor of Arts degree in Political Economy. He completed the Management Training Program at Citigroup in New York, including courses in accounting, finance, and capital markets. He has previously held FINRA licenses, Series 3, 6, and 63, and has completed Level I of the Chartered Alternative Investment Analyst (CAIA) program.

View Frank Carr's Consultant Profile.