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. Her 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
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
Eric Kimberling, MBA, is one of the most recognized and respected independent Enterprise Resource Planning (ERP) systems expert in the world, giving 100% unbiased advice to clients for more than 20 years. Mr. Kimberling has been quoted in hundreds of articles, including the Wall Street Journal, CIO Magazine and Fortune. He provides keynote speeches at industry conferences and universities worldwide, and continually provides industry thought leadership through his YouTube channel, along with blogs, podcasts, webinars. He is the author of multiple acclaimed books, including, “Lessons from 1,000 ERP Implementations,” “Guide to Successful Digital Transformations,” and others.
Throughout his career, Mr. Kimberling has been called upon to investigate the feasibility of litigation, provide witness testimony and build background reporting for the industry’s highest-profile ERP lawsuits, Waste Management v. SAP, Lyons Magnus, Inc. v. Fujitsu America, Inc.; Partner Services, Inc v. Avanade; Kathy Pishghadamian v. Nicor Gas; Flotek Industries, Inc. v. CD Group, Inc.; Midwest Tape LLC v. ESR Associates, Inc.; and Whaley Food Service Repairs v. Epicor to name a few. Eric is actively involved in implementations and project recoveries, giving him a unique and up-to-date experience with modern enterprise technologies.
Areas of Expertise:
Organizational Change Management
Sales Cycle Fraud and Misrepresentation
Project Team Staffing
Software Schedule Delays
Eric holds an MBA with an emphasis in operational strategy and a Bachelor of Science in business administration from Daniels College of Business at the University of Denver. He is also Six Sigma certified and a certified practitioner of multiple ERP solutions, including SAP, Oracle, Microsoft Dynamics, Epicor and Infor, among others. He has won numerous industry awards for his experience and contributions, including Supply Chain Pro to Know and Best Independent ERP Blog from ERP Focus.
I have been involved with Microsoft Dynamics implementations for nearly 20 years now. I have also spent the last decade providing Microsoft Dynamics expert witness testimony in implementation failures and lawsuits.
Rose Porterfield Group (RPG) has over 30 years of experience providing Business Performance and Human Resource services. As experts in human behavior, we provide litigation support strategy and testimony for attorneys and corporations. Offering unbiased, detailed, and objective expert opinion on all aspects of human behavior in the workplace, we can help determine the facts, motivations, and human factors involved in the case. Forensic and Expert Testimony Cases Include:
Robyn W. Porterfield, PhD - Managing Principal at RPG, spent over ten years in sales and marketing prior to completing her PhD in Industrial Psychology. While completing her PhD, Dr. Porterfield served as Director of Client Services for a Texas-based on-line psychological testing firm, consulting to management on such issues as individual and team fit, conflict resolution, hiring, coaching, and management succession planning. As a consultant, Dr. Porterfield has assessed executives in such diverse industries as financial management, food service, telecommunications and retail. For five years Robyn and Bob co-wrote a column for the Dallas Business Journal titled, C-Level Coach. Robyn is also a professional mediator and currently mediates for Dispute Resolution Services of Tarrant County, Texas.
Robert G. Rose, PhD, Principal at RPG, received his PhD from Florida State University. Since 1976 he has served as consultant to organizations in virtually every industry including health care, retail, IT services, manufacturing, construction, aviation, and many others. In his over 30 years as a consultant, Dr. Rose has encountered virtually every problem that an organization can experience, and has seen that good teamwork - from hiring to development - always benefits both the individual and the company. Bob is the author of numerous articles on communication, crisis handling, and conceptualizing purpose and culture within organizations, and his books on consulting are required reading by major corporations.
In this article we are speaking primarily to men in business management roles. We are not saying you are a harasser. On the contrary, we’re aware that more than likely, you are not a harasser, but your position and gender put you in the position to come across as one
As an employment attorney, or perhaps as General Counsel for your organization, you have probably been fielding more and more questions about bullying in the workplace-we certainly have. While bullying isn't illegal - yet - you also probably know that it costs a lot in terms of its effect on production. Plus, you know it's not right-not really. So, what's the right approach? Our rule of thumb is not to overact to simple, appropriate work behavior, but you also can't put up with bullying either. We'll share some examples from our practice; see if any of these sound familiar.
If you are the CEO or General Counsel of your company, you should be preparing for a new challenge. The gaining momentum of the #metoo movement means there will likely be an increase in sexual harassment complaints. Raghu and Suriani certainly think it's already happening (#METOOWHATNEXT: Strengthening workplace sexual harassment protection and accountability, nwlc.org, 2017.), and our clients are certainly calling us more often to investigate claims. To better prepare, here are some suggestions we urge you to consider.
Let's say you have Bill who is a good guy in many ways but he can be a grouch. He is particularly likely to nag the young female accounting staff for inquiring about his expense reports. He looms over them and talks loudly sometimes shaking his finger, and using occasional mild profanity. You've talked to him and he always gives a half-hearted sheepish apology - and then does it again the following month.
Almost all of us have been to the yearly company football game, company barbeque, or happy hour. Organizations often think these events create closeness, trust, a sense of "teamwork", or even a sense of family. We love a good burger and a beer as much as anyone but in our experience the injuries, harassment and other complaints that can come from company social events may cause problems for employers. And we find that the defense that the events were "voluntary" may not hold up.
Virginia Rhodes, EdD has an extensive background in public schooling with over 35 years of experience in duty of care: teacher, principal, hiring, supervision, evaluation and instruction in K-12 settings. Her work in research, and as a school board member in a large district grounds her expertise in school policy and district and administrative function. As principal and policy-maker, Dr. Rhodes was known for her work in reclaiming failing high schools, including moving an Ohio high school from 8% passage on the state science test to 54.5% in 2 years, collaboratively, within a contractual environment. Dr. Rhodes provides expert witness research, reports & testimony for districts and law firms, representing both plaintiff and defense. Dr. Rhodes' services are available nationally and internationally, as she is culturally competent,traveling, presenting at conferences and observing schools. Previous cases have included student injury, & death, religious/race, disability discrimination, wrongful termination, sexual abuse, administrative supervision, teacher supervision, actions of paraprofessionals including teacher assistants, security guards, and school resource officers, as well as school evaluations & recommendations for domestic cases.
Areas of expertise include:
School and district disciplinary policy & practices
Standards of care and duty for administrative, teacher and school staff
Teacher training/evaluation, administrative training
School climate, culture, SEL (social-emotional learning), trauma-informed practice
Diversity issues within personnel and student settings
Urban school research & new trends in teacher leadership
What does it take to improve science performance in an inner-city high school? Could a science "immersion" strategy change motivation and interest in science? How can we meet a key strategic goal of our urban district: "All students graduate and are prepared for postsecondary education, successful careers and productive citizenship."
Creative professionals in team-based work settings value work communications skills among their colleagues. As public schools create professional learning communities and experiment with teacher-led curriculum and program development, traditional interview processes may prove inadequate for these new collaborative environments. New and creative selection models may be needed to enable teacher or other professional teams to choose candidates with the 21st century skills needed for success. In public sector environments, work rules are often highly developed and professionals are entitled to interview. Qualifications, training, experience and seniority as determinants often get reduced to transfer rights using seniority as the main or only criteria. This trend detracts from creating a competitive environment in which to attract & retain a high-quality teaching staff. Solutions can be found within existing contract parameters, however, if the attributes necessary to teach 21st Century skills are actually required to be demonstrated, not just described, in the interview process.
"All children can learn," is a catchphrase currently making the rounds in education circles, particularly in staff development activities (Pankratz & Petroski, 2003). De facto learning theory challenges the underlying assumptions of this phrase by examining how it is that learning in schools takes place. Using theoretical foundations of Dewey, Maslow, and Vygotsky, this essay will explore the fact that all children are, in fact, learning all the time, regardless of the actions of teachers, the content of the curriculum, or educational policy and practice.
Critical to a dynamic STEM school is a high level of instructional rigor. While this is true in all STEM schools, it is a particular challenge in those programs that serve populations inexperienced with high levels of rigor in their previous coursework.
Establishing a STEM High School (Science, Technology, Engineering, & Mathematics), and the Aiken Environmental, Ohio's first public environmental high school proved to be successful strategies to increase student engagement and raise standardized scores in science. High-poverty urban students from declining academic and disciplinary environments produced significant gains on science test results and credit attainment towards graduation. Using multiple overlapping rigor and SEL strategies, students experienced "science immersion," project-based learning, and a social-emotional curriculum that emphasized personal development and team/community-building skills.
Matthew E. Sprong, Ph.D., CRC, LCPC, CLCP, CADC, CVE, is the President of Oak Leaf Consulting Group, LLC, and has been providing Vocational Rehabilitation related services since 2009. He currently holds joint appointments as an Assistant Professor at Lock Haven University, and a Rehabilitation Counselor at the Department of Veteran Affairs.
Dr. Sprong has performed hundreds of comprehensive vocational evaluations, job placement services for veterans and people with disabilities, and intensive job development activities. He has over 30 peer-reviewed journal article publications, has over 60 professional presentations, teaches graduate level rehabilitation counseling students, and is involved in state and national service endeavors. He also teaches Rehabilitation and Mental Health Counseling Courses at the Graduate level for future Rehabilitation Professionals.
Litigation Support: Dr. Sprong provides Forensic Rehabilitation Services utilizing his knowledge, skills, and abilities to determine the employability / placeability of persons who become injured. Specifically, he performs transferable skills analysis, labor market analysis, vocational testing, and job placement services
Dr. Sprong has over 10 years of experience testifying as a Vocational and Life Care Planning Expert in private practice. He is currently a Certified Rehabilitation Counselor, Certified Life Care Planner, Licensed Clinical Professional Counselor, and Certified Alcohol & Drug Counselor.
Areas of Expertise:
Life Care Planning
Vocational / Employability Evaluations
Potential Loss of Expected Earnings / Earnings Capacity Analysis
Dr. Palmer Morrel-Samuels is a Research Psychologist with extensive training and experience in Statistical Analysis and Assessment Design. He has done a considerable amount of research and applied work on communication, testified to the U.S. congress on employee motivation and its linkage to objective performance metrics, published several articles on survey design in Harvard Business Review, among others, and wrote several patents to assist in the administration and analysis of workplace assessments. Dr. Morrel-Samuels currently teaches graduate courses on survey design and research methodology at the University of Michigan.
Litigation Services: Dr. Morrel-Samuels' education, practical experience, and distinguished authorship have made him a valuable resource for providing expert services in legal cases where workplace surveys or assessments are at issue, including:
Statistical analysis of very large datasets, measuring the impact of corporate culture on performance and race discrimination.
Analysis of a survey's validity, reliability, objectivity, fairness, accuracy, confidentiality, freedom from response bias, and conformance to The Uniform Guidelines pertaining to all workplace assessments.
Statistical analyses of performance-related and survey-related data.
Desiging and conducting employee and workplace surveys, including Electronic surveys.
Program evaluations, especially when used in hiring, firing, or other job actions.
Expert Witness Experience includes: Assisted the NAACP in its amicus brief for the Ricci discrimination case. Was the sole statistician in a successful $100M breach of contract case (Tower Automotive v. UNOVA) that required analyzing 4 million rows of data. Testified for the ICC’s International Court of Arbitration in The Hague. Has successfully withstood Daubert challenges - most recently from the City of Indianapolis in a large discrimination case involving the city's fire department.
For more information visit our website at www.ExpertWitnessPsychology.com
This might come as a shock: Employees in large corporations sometimes mistakenly believe that they have been discriminated against. Admittedly, discrimination does occur, both in society and in the workplace. And as most attorneys know, many discrimination cases concern claims of either adverse treatment or adverse impact. In both types of litigation, employees believe that they have been discriminated against because of their minority status. In disparate treatment cases, plaintiffs must show that they were treated differently because of that status, and incriminating statements-express or implied-must be admitted as evidence to suggest a discriminatory intent. In contrast, disparate impact cases typically address the discriminatory impact of an ostensibly neutral policy, decision, or program, so plaintiffs rely upon objective data from the entire corporation to prove a discriminatory outcome.
THERE'S NO DOUBT that companies can benefit from workplace surveys and questionnaires. A GTE survey in the mid-1990s, for example} revealed that the performance of its different billing operations, as measured by the accuracy of bills sent out, was closely tied to the leadership style of the unit managers.
This might come as a shock: Employees in large corporations sometimes mistakenly believe that they have been discriminated against. Admittedly, discrimination does occur, both in society and in the workplace. And as most attorneys know, many discrimination cases concern claims of either adverse treatment or adverse impact.
Effective evidence-based managelnent requires analyzing data from a broad array of sources and conducting carefully designed pretest-posttest comparisons. However, our experience suggests that few businesses take that process to the next level by building merged datasets that can be used for rigorous pretest-posttest comparisons and meaningful statistical analyses.
No contemporary guide exists for using statistics to prove causality in court. We outline a new theory explaining comprehension of causal graphs, and claim four hallmarks of causality are critical: Association, Prediction, Exclusion of Alternative Explanations, and Dose Dependence.
We distinguish between reverse discrimination and over-correction, arguing that the former should be used only to describe cases where well-qualified non-minority applicants are unjustifiably denied positions in organizations run by and/or staffed by minorities. Similarly, we argue over-correction should be used to describe well-qualified non-minority applicants who are unjustifiably denied positions in organizations run by non-minorities.
Diane L. Damos, PhD, is an international expert with over 40 years of experience involving general Aviation Human Factors issues and Commercial Pilot Hiring. She is a fellow of the Human Factors and Ergonomics Society, the Royal Aeronautical Society, and an associate fellow of the Aerospace Medical Association
As an expert in Aviation Human Factors and as an Aviation Psychologist, Dr. Damos promotes safety in the National Airspace by working to reduce the occurrence and impact of human error in aviation systems and improve human performance. She has been involved with pilot selection since 1970.
Dr. Damos has assisted in the development of computer-based tests of information processing and cognition for pilot selection for both the United States Navy and Air Force. She has consulted with numerous domestic and foreign air carriers and training schools on both ab initio and experienced pilot selection.
Dr. Damos has also been involved with cabin crew staffing. She has conducted studies on both narrow- and wide-body aircraft to determine the number of cabin crew needed to meet an airline’s service standards. Dr. Damos was appointed to the United States National Academy of Sciences/National Research Council Panel of Human Factors in Air Traffic Control Automation.
Litigation Support - Dr. Damos has worked as an expert witness for both plaintiff and defense attorneys. She specializes in calculating lost earnings for professional pilots whose flying careers have ended prematurely. She has also been involved in several mediations involving the staffing and workload of cabin crew.
Those in need of her services include attorneys litigating cases involving the death or disability of young pilots who have not yet begun their career as a Part 121 or Part 135 pilot, the death or loss of license of current Part 121 or Part 135 pilots, and insurance companies involved in compensation for Part 121 or Part 135 pilots.
Aviation Human Factors
Commercial Pilot Lifetime Earnings Model
Commercial Pilot Hiring / Performance Issues
Commercial Pilot Retention
Commercial Pilot Certification
Flight Attendant Standard of Care
A charter aircraft crashed in the mountains, killing all on board. Dr. Damos was asked to review pilots’ training records to determine if training met minimum requirements stipulated by FAA.
A Part 135 pilot recently interviewed unsuccessfully for a position at a regional air carrier was killed in a crash. Dr. Damos was asked to determine the likelihood of pilot being hired by another air carrier and the probable path and timeline of the pilot’s career.
A highly qualified military pilot became disabled before being hired by an air carrier. Dr. Damos determined his likely career path and projected his life-time earnings discounted to present value.
Aaron T. Olson, has decades of experience in the field of Police and Human Resources. His breadth of knowledge comes from many years in Law Enforcement, as an expert witness, consultant, and trainer.
Mr. Olson's company, A.T. Olson Consulting, LLC, is certified by the U. S. Department of Veterans Affairs Center for Verification and Evaluation (CVE) as a Verified Service-Disabled Veteran Owned Small Business (SDVOSB); and the State of Oregon's Certification Office for Business Inclusion and Diversity (COBID) as a Service-Disabled Veteran Business Enterprise (SDVBE) and Emerging Small Business (ESB).
Background Experience: Mr. Olson has over 26 years of police experience managing assignments in communications, recruitment, and patrol. He supervised and evaluated both police and non-police employees. He was a member of the OSP Procedures and Rules Advisory Committee and worked with Oregon's Department of Justice in rewriting and validating OSP's trooper and cadet applicant hiring process. Mr. Olson had the honor of being a member of the first Oregon State Police Affirmative Action Recruiting Team.
As a patrol supervisor, Mr. Olson directed major crime scenes and traffic crash investigations. He reviewed and approved administrative, police, and use of force reports. He also investigated allegations of police officer misconduct, conducted background checks, and participated in specialized tasks in community policing, dignitary protection with the U.S. Secret Service and other law enforcement agencies. In reaching out to new immigrants and refugees, Mr. Olson initiated the "Police and Emergency Services" workshops at the Immigrant Refugee Community Organization (IRCO) in Portland, Oregon.
Mr. Olson is regular adjunct professor at Portland Community College (PCC), Portland, Oregon, and Eastern Oregon University (EOU), La Grande, Oregon. At PCC, Mr. Olson currently teaches cultural diversity online and campus criminal justice classes. He also teaches an online class on civil liability in criminal justice. At EOU, he teaches an online multiculturalism in emergency services course. He established history by designing the first cultural diversity courses and curricula for PCC's criminal justice program in 2001, fire protection program in 2009, and EOU's fire service administration program in 2011.
Litigation Support: Mr. Olson meets the criteria of an expert witness as outlined in the Federal Rules of Evidence. He also meets the criteria of an expert witness as outlined in the Oregon Revised Statutes. He has been deposed as an expert witness several times. Mr. Olson's services are available to attorneys representing plaintiff and defendant and include diagnostics, thorough reporting, depositions, arbitration hearings, and trial testimony as needed.
Areas of Expertise:
Law Enforcement and Criminal Justice
Police Practices and Procedures
Police Investigations and Arrests
Human Resource Investigations
Bias, Discrimination, Harassment and Retaliation Investigations
Clients need to know what an expert witness does in the review of an employer’s handling of a workforce complaint. The complaint could be regarding discrimination, sexual harassment, misconduct, or retaliation, any of which could potentially lead to the accused’s termination. An expert who has the experience of conducting employment investigations will be able to assess if the employer’s handling of the workforce complaint, actions or omissions was satisfactory or unsatisfactory.
A classic text in peacekeeping, cultural awareness, and diversity in law enforcement. It provides practical information and insight to prepare officers for culturally sensitive policing. The content explores the pervasive influences of culture, race, ethnicity, gender, and sexual orientation in the workplace and in multicultural communities.
As the fire service becomes a microcosm of American society, this book provides a useful tool to effectively address key issues and challenges of cultural diversity. It offers valuable lessons on cultural competence, the value of cultural differences, and the acquisition of cross-cultural skills to be used in fire science college courses or fire academies at the city, fire-district, state or federal level.