Dickerson v. Department of Highways Affidavit of Harriet Zellner

    UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT 

OF WEST VIRGINIA
--------------------------------------- X
PATRICIA DICKERSON, PATRICIA JONES,
TOBA SINGER AND SHERYL JOHNSON,

Plaintiffs,
vs.

DEPARTMENT OF HIGHWAYS, State of West 
Virginia; WILLIAM S. RITCHIE, JR., in 
official capacity as Commissioner of 
the Department of Highways et al.

Defendants.--------------------------------------- X

CIVIL ACTION 
No. 2: 88-0651
AFFIDAVIT

I, Dr. Harriet Zellner, being duly sworn upon my oath, depose and 
say:

I am a 1965 graduate of Harpur College, S.U.N.Y., and received my 
Master's Degree and Doctorate in Economics from Columbia 
University in the Spring of 1975. I have taught Economics at the 
graduate and undergraduate levels at Rutgers University and was 
made a member of the Graduate Faculties at Rutgers in 1975. I 
have published in the field and have served as referee for 
several of the most respected economic journals. (Please see my 
Curriculum Vitae, attached.)

I am currently President of Integral Research Inc., a consulting 
firm providing analytical expertise to law firms, private 
companies and public policy makers.



I. Introduction

I have prepared this affidavit at the request of Charlotte 
Rutherford, Esq. of the NAACP Legal Defense and Education Fund. 
It's purpose is to report the results of my preliminary 
analysis of the testing and hiring practices of West Virginia 
Civil Service Commission ("CSC") and Department of Highways 
("DOH").

The results I report below are preliminary because I've had 
under two weeks to familiarize myself with the practices and 
procedures of the CSC and DOH and under one week to analyze the 
data. Much more work needs to be done to produce a final 
report. One of the charges brought "by plaintiffs —  that women 
are deterred from applying to the jobs at issue —  could not be 
tested at all in the time allowed; nor could I test the hiring 
and adverse impact charges as fully as they can and should be 
tested.

I was provided with materials describing CSC and DOH testing 
and hiring procedures, job descriptions, copies of a number of 
"Personnel Certification" forms, "Applicant Flow Analysis" 
print-outs for some of the relevant job titles for some months 
of 1985 and 1986, a print-out of the "Eligibles Register" as it 
stood on August 25, 1986 for several of the job titles at issue 
and lists showing the number of individuals, by race and sex, 
hired by DOH over the 1984 through 1988 period into some of

2



the job titles at issue.

II. Testing the Charges 

A. Discrimination in Hiring
In order to determine whether there is statistical evidence of 
discrimination in hiring into the job titles at issue over the 
1984 through 1988 period, I compared the percent that women 
represented of hires over this period to the percent they 
represented of the relevant labor pool (i.e. to their 
"availability rate").

In Table 1, I report the results of this analysis for all women 
and in Table 2, I report the results for black women alone. The 
first three columns of Table 1 show DOH activity: total hires, 
female hires and the percent that women represented of total 
hires. The fourth column shows the availability rate of women 
in the labor pool relevant to the specified job group and the 
fifth column states whether or not the representation of women 
in hires falls short of their representation in the relevant 
labor pool. The sixth column gives the probability of observing 
—  by chance alone —  a difference between the female hire rate 
and the female availability rate as large as the one shown in 
columns 3 and 4 . It is conventional -- in testing for 
discrimination -- to consider a result as statistically 
significant only if it would occur by chance alone less than 
five percent of the time. As can be seen in column 6, the

3



probability of the reported differences between the female hire 
rate at DOH and the female availability rate in the labor pool 
relevant to each of the specified job groups is always far 
below 0.05 and the results are always, therefore, highly 
significant statistically.

The results of the tests for hiring discrimination against 
black women are shown in Table 2, which is structured 
identically to Table 1. As can be seen there, the difference 
between the representation of black women among DOH hires and 
their representation in the labor pool relevant to the 
specified job group is statistically significant for the first 
group of jobs and for the second, which is a subset of the 
first'. The results are insignificant for the last three job 
groups.

B. Disparate Impact
In order to determine whether the tests administered by CSC for 
the jobs at issue had a disparate impact on women, I compared 
the percent women represented of all those taking the exam to 
the percent they represented of those who scored above the 
midpoint. If there were no relationship between gender and 
score, we'd expect that women would be as well represented 
among the high scorers as they were among the exam population 
as a whole.

4



The results of the analysis are shown in Table 3. The first 
three columns of the table show, respectively, the total 
number of individuals taking the exam for each job title, the 
number who were female, and the percent of exam takers who were 
female. The next three columns show the number of individuals 
scoring above the midpoint score on the exam, the number of 
females among these high scorers, and the percent of high 
scorers they represented. The last column shows the probability 
that we'd observe the difference between female representation 
among exam takers and female representation among high scorers 
(shown by comparing columns 3 and 6) by chance alone; that is, 
if there were no systematic relationship between gender and 
score. As can be seen in column 6, the under-representation of 
women among high scorers was highly significant statistically 
in four of the six exams.

III. Conclusions

As discussed at several points above, the results presented 
here must be regarded as incomplete and preliminary. With this 
proviso in mind, it's clear that these results are supportive 
of the charge of discrimination against all women in hiring for 
each of the job groups examined ' and are supportive of the 
charge of adverse impact against all women in four of the six 
job titles examined. The preliminary results with respect to 
black women are somewhat more mixed. They are supportive of 
the charge of discrimination in hiring with respect to the 
Group-1 occupations (Highway Laborer,%Guard, Bridge Maintenance

5



Inspector I and Transportation Technician Trainee), but not 
with respect to the other job titles. Further work will show 
to what extent, if any, these conclusions must be modified and 
will also yield statistical evidence pertinent to the charge 
that CSC and DOH testing and hiring practices discourage women 
from applying for the jobs at issue here.

6



Tables

7



Table 1
Labor-Pool Tests for Discrimination in Hiring

All Women

DOH Hires
Percent

Total Female Female

Female 
Availa­
bility 
Rate in 
Relevant 
Labor Pool

Under-
Hiring
of

Women?

Probabi­
lity of 
Differ­
ence

Statis­
tically
Signi­
ficant?

422

345

268

17

10

10

Group 1:
Highway Laborer 

Guard
Bridge Maintenance Inspector I 
Transportation Tech Trainee
4.0% 20.0% Yes 0.0000 Yes

Group la:
Highway Laborer 

Guard
2.9% 20.0% Yes 0.0000 Yes

Group 2:
Craftsworker I

3.7% 10.6% Yes 0.0002 Yes

Group 3:
Highway Equipment Operator I

91 1 1.1% 22.6% Yes 0.0000 Yes

Group 4:
Craftsworker II 
Craftsworker III 

Bridge Maintenance Crew Leader 
Maintenance Crew Leader

179 2 1.1% 4.0% Yes 0.0263 Yes



Table 2
Labor Pool Tests for Discrimination in Hiring

Black Women

DOH Hires
Percent 

Black Black 
Total Female Female

Black
Female
Availa- Under-
bility Hiring
Rate in of
Relevant Black
Labor Pool Women?

Probabi­
lity of 
Differ­
ence

Statis­
tically
Signi­
ficant?

422

345

268

91

0

0

3

0

Group 1:
Highway Laborer 

Guard
Bridge Maintenance Inspector I 
Transportation Tech Trainee
0.0% 1.3% Yes 0.0041 Yes

Group la:
Highway Laborer 

Guard
0.0% 1.3% Yes 0.0113 Yes

Group 2;
Craftsworker I

1.1% 0.4% No 0.9763 No

Group 3:
Highway Equipment Operator I
0.0% 0.8% Yes 0.4815 No

Group 4:
Craftsworker II 
Craftsworker III 

Bridge Maintenance Crew Leader 
Maintenance Crew Leader

179 1 0.6% 0.1% No 0.9858 No



Table 3
Tests for an Adverse Impact of the Civil Service 

Commission's Tests and Testing Procedures
Number Taking 

Exam
Number Scoring 
Above Midpoint

Probability
Reported
DeviationTotal Female

Percent
Female

Percent
Total Female Female

Highway Laborer
972 71 7.3% 856 40 4.7% 0.000

Bridge Maintenance Inspector
221 8 3.6% 52 2 3.8% 0.599

Transportation Tech Trainee
195 18 9.2% 64 5 7.8% 0.425

Bridge Maintenance Worker
240 6 2.5% 154 0 0.0% 0.002

Craftsworker I
1,058 14 1.3% 565 2 0.4% 0.003

Highway Eguipment Operator I
2,158 31 1.4% 1,369 10 0.7% 0.000



Dr. Harriet Zellner



APR 24 ’89 12:57 INTEGRAL RESEARCH 015 P01

CURRICULUM VITAE OF HARRIET ZELLNER

EDUCATION
Columbia University, Ph.D., Economics, 1975

Dissertation: "The Determinants of the Occupational
Distribution of Women"

Harpur College, S.U.N.Y. at Binghamton, B.A., 1965
London School of Economics and Political Science,

General Course Certificate, 1964
ACADEMIC HONORS AND FELLOWSHIPS

Rutgers University Research Council Fellowship 
for Assistant Professors
United States Department of Labor, Manpower Administration Doctoral Dissertation Grant
Herbert H. Lehman Fellowship
for Graduate Work in the Social Sciences
Woodrow Wilson Fellowship
New York State Regents Fellowship 
New York State Regents Scholarship 

WORK EXPERIENCE
JUNE 1979 - PRESENT President

Integral Research Inc.
APRIL 1979 - JULY 1982 Research Associate

Columbia University Center for the 
Social Sciences

SEPTEMBER 1976 
APRIL 1979

Senior Economic Analyst
National Economic Research Assoc., Inc.

JULY 1973 - JULY 1976 Assistant Professor
Douglass College, Rutgers University

APRIL 1976 - JULY 1976 Consultant
Organization for Economic Cooperation 
and Development

JUNE 1968 - OCTOBER 1968 Consultant
RAND Corporation



APR 24 ’89 13:07 INTEGRAL RESEARCH 016 P01

Vitae 2 -

COURSES TAUGHT
Undergraduate Level: Microeconomics

Labor Economics 
Statistics
The Economics of Discrimination Income Inequality

Graduate Level: The Economics of Human Resources
The Economics of the Labor Market

PUBLICATIONS

Articles: "Discrimination^ and Affirmative Action: The
^atUre .of Economic Evidence." Readings in Labor 
-%ono?1.C3 Labor Relations - 3rd Edition,edited by Lloyd Reynolds, Stanley Masters arid 
Collette Moser (New York: Prentice-Hall, Inc.,1982), (with Dr. Beth Niemi).
"Costs and Benefits of Systems Reliability,” 
Electric Uti1ities in Illinoi s : Proceedings of
the sixth Annual Energy Conference, SeDtembfvFT 1978 (with L. Guth)~ ~ ~ ------
"The Determinants of Female Occupational 
Segregation," ge^ , Pjscrimination and the 
Division of Labor, edited by Dr. C.B. Lloyd ("New 
York: Columbia University Press, 1975).
"Discrimination Against Women, Occupational 
Segregation and the Relative Wage," American 
Economic Review: Papers and Proceedings, Mav.1972. ----------

Abstracts
and

Columbia
University
Pre-prints

"Intra-Family Human Capital Transfer," Atlantic 
Economic Journal, Vol. VIII, No. 1 (March 1980) 71 (with Dr. Beth Niemi).

"The Economics of Alimony," Columbia University 
Center for the Social Sciences, Pre-print Series, 
#68, November, 1980 (with Dr. Beth Niemi).



APR 24 ’89 13:07 INTEGRAL RESEARCH 016 P02

- Vitae 3 -

PROFESSIONAL ACTIVITIES
Referee for articles submitted to:

The Journal of Human Resources
The Review of Economics and Statistics
The Industrial and Labor Relations Review

Reviewer for dissertation proposals submitted to:
Social Science Research Council 
Washington, D.C.

Member of:

The American Economic Association 
The Eastern Economic Association 
The Metropolitan Economic Association 
The American Statistical Association



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CLIENT LIST *

EQUAL EMPLOYMENT OPPORTUNITY LITIGATION

Completed Cases

Lewis Tesser, Esq., Segal & Tesser, New York, New York
Ingram, et al., and Williams, et al., Interveners, 
v. Madison Square Garden Center, Inc., et al.,
Allied Maintenance Corporation, Allied Public 
Events Service Corporation and Local #3 I.B.E.W. 
Anderson, et al. v. Same, and Local 54, Service 
Employees International Union, U.S. District 
Court, Southern District of New York.

Milton Stanzler, Esq. and Jules Michaelson, Esq., Abedon, 
Michaelson, Stanzler & Biener, Providence, Rhode Island

** Chang v. University of Rhode Island, et al., U.S. 
District Court, District of Rhode island, and 
Seleen, et al v. Board of Regents, et al.

James R. Williams, Esq. Jackson, Lewis, Schnitzler & 
Krupman, New York City, New York

Roslyn Teicher v. Fortunoff Silver Sales, U.S. 
District Court, Eastern District of New York.

Bettye S. Adams, Esq., Bogatin, Lawson, Chiapella & Thomas, 
Memphis, Tennessee

** EEOC v. ASG Industries, et al.
Catherine Gallo, Esq., Shearman & Sterling, New York, New 
York

Pankey, Jr. v. New York State Department of 
Correctional Services and AFSCME Council #82, U.S. 
District Court, Southern District of New York.

Charles Foy, Esq., Assistant Corporation Counsel, The City 
of New York, Law Department, New York, New York

** EEOC and The City of New York v. Local 28 of the 
Sheet Metal Workers' International Association, et 
al., U.S. District Court, Southern District of New 
York.

continued



APR 24 ’89 12:58 INTEGRAL RESEARCH □15 P03

Completed Equal Employment Opportunity Cases, cont.

Edwin Landis, Esq. and Kathyrn Schatz Koles, Esq., Meyner & 
Landis, Newark, New Jersy

** William T. Petrusky v. American Cyanamid Company,
U.S. District Court, District of New Jersey.

Jeffrey Reiner, Esq. and Kathryn Schatz Koles, Meyner & 
Landis, Newark, New Jersey

** Miller vs. Sea-Land Service, Inc., Superior Court 
of New Jersey, Law Division, Middlesex County

Lawrence J. Kamenetzky, Esq. and Bettye Adams, Esq., EEOC, 
Memphis District Office, Tennessee

** EEOC v. Federal Reserve Bank of St. Louis 
(Memphis Branch), U.S. District Court, Western 
District of Tennessee, Western Division.

Warren Bennia, Esq., New York, New York, and Mary Job, Esq., 
Michigan Education Association

Michigan State University Faculty Assoc., et al., 
v. Michigan State University, U.S. District Court 
for the Western District of Michigan.

Timothy Hagan, Esq., Donnelly and Associates, P.C., Detroit,
Michigan

Fraser, et al. v. Phelps Dodge Corporation, United 
States District Court, Southern District of New 
York.

** Stark, et al. v. Northern States Power Company,
United States District Court for the District of 
Minnesota, Third Division.

Tom Doerr, Esq. and Kevin Kovacs, Esq., Lowenstein, Sandler, 
Brochin, Kohl, Fisher, Boylan & Meaner, Roseland, New Jersey

** Richard D. Cowell, Koei-Liang Liauw, William 
Rosenblatt and Jack Solomon, vs. Witco Chemical 
Corporation, U.S. District Court for the District 
of New Jersey.

continued



RPR 24 ’83 12:58 INTEGRAL RESERRCH 015 P04

Completed Equal Employment Opportunity Cases, cont.

Sabrina Jenkins, Esq., District Office of EEOC, Washington, 
D.C.

** Equal Employment Opportunity Commission v. Local 
638, etc., et al.,...Local 580, International 
Association of Bridge, Structural and Ornamental 
Iron Workers, Fund,...Allied Building Metal 
Industries, Inc., U.S. District Court, Southern 
District of New York.

Isabelle Katz Pinzler, Esq., Director, ACLU Women's Rights 
Project, New York, New York

National Congress of Neighborhood Women, et al. v.
City of New York, U.S. Department of Labor, 
Employment and Training Administration.
Barbara Cantwell Christman, et al. v. American 
Cyanamid Company, U.S. District Court for the 
Northern District of West Virginia.

James S. Angus, Esq., Employment Litigation Section, Civil 
Rights Division, U.S. Department of Justice, Washington, 
D.C.

United States v. Town of Cicero, ND Illinois, 
Eastern Division.

Ernestine S. Gray, Esq., EEOC, New Orleans District office, 
Louisiana

EEOC v. El Dorado Paper Bag Manufacturing Co. and 
United Paperworkers International Union, AFL-CIO,
Local No. 577, U.S. District Court, Western 
District of Arkansas.

On-Going Equal Employment Opportunity Cases

Cynthia Rollings, Esq. and Melvin Wulf, Esq., Beldock, Levine 
& Hoffman, New York, New York
Edith Barnett, Esq., Law Offices of Edith Barnett, 
Washington D.C. and Michael Slutsky, Esq., Cotton, Watt, 
Jones & King, Chicago, Illinois
Penda Hair, Esq. and Ronald Ellis, Esq., NAACP Legal Defense 
and Education Fund, Inc., New York, New York

continued



APR 24 ’89 12:59 INTEGRAL RESEARCH 015 P05

On-Going Equal Employment Opportunity Cases, cont.

Jeffrey Reiner, Esq., Meyner and Landis, Newark, New Jeresey.
Michele Rusen, Esq. and Elaine Kaplan, Esq., The National 
Treasury Employees Union, Washington, D.C.
Gerald Jay Resnick, Esq., Attorney at Law, 1150 Amboy 
Avenue, Edison, New Jersey
Wilbur Colomb, Esq., Colomb and Colomb, Columbus, 
Mississippi
Marcia Bove, Esq., Baltimore District Office of Equal 
Employment Opportunity Commission, Baltimore, Maryland

DAMAGE ESTIMATION CASES

Completed Cases

Richard M. Schwartz, Esq., U.S. Department of Justice, New 
York, New York

** Elizabeth Barrett, individually and as 
Administratrix of the Estate of Harold Blauer,
Deceased v. United States of America, James 
Cattell, et al., U.S. District Court, Southern 
District of New York.

Michael S. Cecere, Esq. Sara J. Herrin, Esq. and Deborah 
Martin-Norcross, Esq., Jackson, Lewis, Schnitzler & Krupman,
New York, New York

Richard Seaton vs. Riverview Medical Center, Inc., 
et al., U. S. District Court, District of New 
Jersey, Superior Court of New Jersey.

Michael Cecere, Esq., Richard Schey, Esq., and Thomas Walsh, 
Esq.,Thomas Walsh, Esq., Jackson, Lewis, Schnitzler & Krupman, 
New York City, New York

Joseph Oettinger vs. Ticor Title Insurance Company 
et al., Superior Court of New Jersey, Law Division,
Bergen County.

continued

4



APR 24 ’89 12:59 INTEGRAL RESEARCH 015 P06

Completed Damage Estimation Cases, cont.

Thomas Schulz, Esq. and Charles Singer, Esq., Weber, Singer 
and Schulz, Melville, New York

** Paul Spielvogel et al. and Jastrac Manufacturing,
Inc. vs. Alan Zitofsky et al., Supreme Court, 
State of New York, County of Suffolk.

Maureen DiTata, Esq., Greenhill and Rubin, New York City, 
New York

Masi vs. Gallo Wine Distributors, et al., U.S. 
District Court, District of New York.

Michael J. Crowley and Robert A. Faller, Gallagher & 
Gosseen, Mineola, New York

Eva Munoz v. Goodyear Tire & Rubber Company, U.S. 
District Court, Southern District of New York.

Charles R. Church, Esq., Goldberg, Irwin, Post and Rosen, 
Roseland, New Jersey

Theodore I. McCarty and Simone McCarty vs. 
American Cynamid Company, U.S. District Court, 
District of New Jersey

Ned Mann, Esq., Cleveland Ohio
Diane E. Schaffer v. Victory Carriers et al., U.S. 
District Court, Southern District of New York.

Charles Kahn, Esq., Law Offices of Benjamin Sprecher, New 
York, New York

** Ernest Moore v Harrah's Marina Hotel Casino, U.S. 
District Court, District of New Jersey.

Steven Eckhaus, Esq., Kelly, Eckhaus & Mohen, New York City, 
New York

G. Jaap Lovink v. Guilford Mills, Inc., U.S. 
District Court, Southern District of New York.

continued



APR 24 ’By 13:00 INTEGRAL RESEARCH uiy i-'uy

Completed Damage Estimation Cases, cont.

Abraham Borenstein, Esq*, Vann & Borenstein, New York, New 
York

** Sidney Goodman v. Kane International Corp., U.S. 
District Court, Southern District of New York.
Kevin T. Fay v. Eugene Devine, individual, and as 
agent for the Presbyterian Hospital in the City of 
New York and the Presbyterian Hospital in the City 
of New York, U.S. District Court, Southern 
District of New York.

Frederick Popavich, Esq., Popovitch and Popovitch, Point 
Pleasant, New Jersey

Norma Rosa v. City of Patterson, et al., U.S. 
District Court for the District of New Jersey.

Bruce Stahl, Esq. and Harold Fishman, Esq., Katz, Katz & 
Brand, New York, New York

Dicheck and Dicheck v. The City of New York and 
Consolidated Rail Corporation
Juan Mora v. New York City Health and Hospitals 
Corporation

Raymond Gooch, Esq., Davis & Gooch, Washington, D.C.
J. James Brown (as Personal Representative of the 
Estate of Helen A. Brown) v. Harold B. Beasley,
Inc. and the Commonwealth of Virginia, State 
Department of Highways and Transportation.

Jeffrey Burt, Esq., Arnold & Porter, Washington, D.C.
Mary Pat Laffey v. Northwest Airlines Inc., U.S. 
District Court, District of Columbia.

On-Going Damage Estimation Cases

Catherine Minuse, Esq., O'Donnell and Schwartz, New York, 
New York
Jeffrey Reiner, Esq. and Kathryn Schatz Koles, Meyner & 
Landis, Newark, New Jersey
Deborah Martin-Norcross, Esq., Jackson, Lewis, Schnitzler 
& Krupman, New York City, New York

5



Hh'K ’by lo:bL1 INItbKHL KtbtHKLM tub ruo

EQUITABLE DISTRIBUTION

Completed Cases

Susan Kunstler, Esq., New York, New York
Lori Castagna v. Anthony Castagna, Supreme Court 
of the State of New York.

Anthony J. Pirrotti, Esq., Law Offices of Anthony Pirrotti, 
Dobbs Ferry, New York

** Catherine Perez v. Louis Perez, Supreme Court of 
the State of New York, County of Westchester.

Richard F. Aronsohn, Esq., Aronsohn & Springstead, 
Hackensack, New Jersey

Mildred Hersh v. Sidney Hersh
** Kathleen Barry McDonald v. John W. McDonald, 

Superior Court of Bergen County, Chancery 
Division.

Stephen David Fink, Kew Gardens, New York
Nicole Demas v. William Demas, Supreme Court of 
the State of New York, County of Queens.

On-Going Equitable Distribution Cases

Susan Kustler, Esq., New York City, New York 
Stephen D. Fink, Esq., Kew Gardens, New York 
Ronald Platt, Esq., New York City, New York

ANALYTICAL SUPPORT IN UNION-MANAGEMENT NEGOTIATIONS

On-Going Cases

Joel Glanstein, Esq., O'Donnell & Schwartz, New York, New 
York

7



RPR 24 ’89 13:01 INTEGRAL RESERRCH 015 F‘09

f
GENERAL ANALYTICAL SUPPORT 

Completed Cases
Richard Schneider, Esq., King & Spalding, Atlanta, Georgia
Andre R. Jaglom, Esq., Paul, Weiss, Rifkind, Wharton & 
Garrison, New York, New York

John A. Scott, et al. v. International Paper 
Company, et al.

Mark Hoffman, Esq., Eden Park Health Services Inc., Albany, 
New York
Lorin Duckman, Esq., New York, New York

(*) The complete client list is available upon request.
(**) Dr. Zellner presented courtroom and/or deposition 
testimony in this case.

April 17, 1989