Expert Testimony in Employment Discrimination and Harassment Cases

Effectively Using or Challenging Economic, Statistical and Psychological Experts During Discovery and Trial

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, September 18, 2012

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to employment litigators for effectively selecting, preparing and qualifying expert witnesses. The panel will discuss key considerations when bringing and defending Daubert and other challenges to expert witnesses.


Employment litigators often rely on expert testimony to prove or challenge liability and damages in discrimination and harassment cases. When using expert witnesses, counsel must determine the type of expert best suited for the case and how to properly qualify and prepare the expert.

Litigators must also be prepared to challenge the opposing party’s expert witness and to develop and execute a strategy to withstand attacks by the opposing party on the admissibility of their own expert testimony. Daubert and other challenges are frequently raised in pre-trial motions.

Listen as our authoritative panel of employment attorneys explains the types of experts typically used in discrimination and harassment litigation, strategies for preparing and qualifying expert witnesses, and best practices for bringing and defending Daubert and other challenges to expert witnesses.



  1. When is expert testimony needed?
  2. Types of experts typically used in discrimination and harassment cases
    1. Economic
    2. Statistical
    3. Psychological
    4. “Gender stereotyping”
    5. Other types of experts
  3. Strategies for preparing and qualifying expert witnesses
    1. Selecting the expert
    2. Qualifying the expert
    3. Deposition strategies
    4. Trial strategies
  4. Daubert and other challenges to expert witnesses
    1. Bringing a Daubert challenge
    2. Defending a Daubert challenge
    3. Bringing and defending other types of challenges to experts


The panel will review these and other key questions:

  • What are the key considerations for employment litigators deciding whether and when to use an expert witness?
  • What are the best practices for preparing and qualifying experts for depositions and trial?
  • When should expert testimony be challenged—and what are the most effective tactics?
  • What strategies are effective for defending Daubert and other challenges to expert witnesses?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


James A. A. Pabarue
James A. A. Pabarue

Christie Pabarue Mortensen and Young

He chairs the firm’s Employment Practices Department and advises and represents employers in employment matters....  |  Read More

Lawrence J. McNamara
Lawrence J. McNamara

Spencer Crain Cubbage Healy & McNamara

With over 30 years of experience, he practices litigation and labor and employment law. He counsels and defends...  |  Read More

Trang Q. Tran
Trang Q. Tran
Managing Partner
Tran Law Firm

He has been engaged in civil and litigation practice since 1996. He has worked in the areas of employment law,...  |  Read More

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