Expert Witness Considerations in EEO Class Actions

61 minute read | September.30.2025

As pay equity and systemic discrimination class actions continue to rise, expert witnesses – primarily labor economists and statisticians – are playing an increasingly critical role in shaping employment litigation outcomes.

In their article published in the ABA Journal of Labor & Employment Law, Orrick’s Kayla D. Grundy, Kathryn G. Mantoan, Erin M. Connell and Patrick B. Bocash discuss recent cases that show that the courts are closely scrutinizing statistical models, trial manageability, and the interplay between expert assumptions and legal standards.

They also discuss strategic considerations for statistical experts and offer high-level recommendations for working with experts in employment cases generally.

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Authors

Kayla Delgado Grundy Senior Associate, Employment Law & Litigation, Pay Equity

San Francisco

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D:+1 415 773 5537
E: [email protected]

Practice:

Employment Law & Litigation
Pay Equity
Wage and Hour
Trade Secrets Litigation
Employment Advice & Counseling

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Kayla Delgado Grundy Senior Associate

San Francisco

Companies are often unwittingly out of compliance, particularly those which operate in states such as California, which have rapidly evolving, employee-friendly regulations. To prevent individual discrimination or harassment allegations from spiraling into class actions, Kayla finds innovative solutions to quickly and quietly resolve such matters. She applies that same finesse when handling highly sensitive trade secret matters, which also require quick and decisive action to preserve her client’s reputation.

In addition to resolving problems before they escalate, Kayla also helps clients succeed in litigation when necessary. Undaunted by opposing counsel, government agencies or difficult fact patterns, she successfully defends clients from a variety of employment claims in state and federal court. Kayla has particular expertise in defending against large-scale class actions, including those based on systemic discrimination and pay equity claims or on wage and hour claims.

Kayla has an active pro bono practice where she counsels local non-profit organizations and helps navigate difficult employment issues so that the leaders of those organizations can focus on fulfilling their purpose and providing services to the community.

Kathryn G. Mantoan Of Counsel, Employment Law & Litigation, Class Action Defense

San Francisco; Portland

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D:+1 415 773 5887
E: [email protected]

Practice:

Employment Law & Litigation
Class Action Defense
Pay Equity
Discrimination, Harassment & Retaliation

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Kathryn G. Mantoan Of Counsel

San Francisco; Portland

Katie was a part of the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, a high-stakes systemic compensation discrimination case that garnered national media attention. Katie and her co-counsel were named "Litigators of the Week" by American Lawyer for the win. Two years later, Katie and her co-counsel were named Runners-Up by American Lawyer for securing decertification of a 3,000-person putative equal pay class action for Oracle.

In fall 2023, Katie co-first chaired a two week federal jury trial in Oregon and obtained a verdict against the client's former general manager, who set up a competing business while employed, on claims for breach of fiduciary duty and intentional interference.

Previously, Katie received California Lawyer’s Attorney of the Year Award in 2016 and was named a Northern California Super Lawyers "Rising Star" for seven consecutive years. She regularly writes and publishes on employment law developments, having presented on topics to three separate state bar associations and a host of national and regional legal and academic conferences.

Erin M. Connell Partner, Employment Law & Litigation, Pay Equity

San Francisco

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D:+1 415 773 5969
E: [email protected]

Practice:

Employment Law & Litigation
Pay Equity

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Erin M. Connell Partner

San Francisco

Recognized by the Daily Journal as a Top Woman Lawyer and Top Employment Lawyer, Erin's practice covers all aspects of employment law. She defends employers in class actions and other complex cases, as well as in systemic investigations and audits by the EEOC, DOJ, and the California CRD. Erin has led dozens of internal pay equity analyses and is a trusted advisor for several of the nation's most prominent employers on developing areas of employment law, including pay equity and pay transparency, DEI best practices, and the use of AI in employment decision making.

Erin also is an accomplished first chair trial lawyer. She has tried several cases before juries and in arbitration, and has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, the largest pay equity case ever brought by the U.S. Department of Labor, which garnered national media attention and earned Erin recognition as a “Litigator of the Week” by the American Lawyer and a 2021 Employment MVP by Law360. As lead counsel, Erin also successfully obtained decertification in a statewide California pay equity class action, Jewett v. Oracle.

Erin's clients include leading technology and Fortune 500 companies, including: Oracle, Meta, Microsoft, Netflix, Pinterest, Workday, PayPal, Sony Interactive Entertainment, NVIDIA, Airbnb, SiriusXM, Dropbox, Zendesk, Splunk and Goldman Sachs.

Erin frequently speaks on California and national employment law issues. She is currently a Council Member with the American Bar Association’s Labor and Employment Law Section (LEL) and is the Conference Chair for the American Employment Legal Council (AELC). She is also a faculty member with the Institute for Workplace Equality (IWE), and formerly served as the management chair of the ABA Equal Employment Opportunity Committee. Erin also previously served on the Board of Directors for the Bar Association of San Francisco (BASF), as well as BASF’s Justice & Diversity Center (JDC). She has published numerous articles and papers on employment law issues in publications around the country. She also provides employment law training and conducts internal investigations on employment-related matters.

Patrick B. Bocash Gen Lit Snr Career Associate, Complex Litigation & Dispute Resolution, Restructuring

Sacramento

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D:+1 916 329 7908
E: [email protected]

Practice:

Complex Litigation & Dispute Resolution
Restructuring

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Patrick B. Bocash Gen Lit Snr Career Associate

Sacramento

Patrick has represented a number of clients in high-stakes litigation, including bankruptcy proceedings for the cities of Stockton, CA and Vallejo, CA, which received extensive press coverage. Patrick has also represented the California Insurance Commissioner in numerous matters, including the conservation and liquidation of insolvent insurance companies.

Additionally, Patrick has represented start-up clients in nationwide regulatory and legislative campaigns in conjunction with Orrick's Public Policy Group and has also worked with Orrick's Appellate Group on multiple cases before the Ninth Circuit and Supreme Court.