William C. Burns & Associates

EQUAL EMPLOYMENT OPPORTUNITY

Capabilities:

Able to apply the experience described below to a wide variety of EEO issues and problems, and then become an effective advocate based on established expertise.

Able to perform a wide variety of sophisticated technical analyses of EEO issues and to evaluate and prepare analytical material related to actual or potential complaints.

Experience:

I have been active in the field for 29 years and am recognized as an expert in several areas of EEO law, policy, and in the technology that has developed in this field.

I chaired an advisory committee to the California Fair Employment Practice Commission and was responsible for developing the California Guidelines on Employee Selection Procedures, which were used to interpret California laws which proscribed discrimination in employment.

In conjunction with the development of these Guidelines, I invented the "80% Rule," a legal standard that is used throughout the country as a rule-of-thumb in determining the existence of "adverse impact." It has been used in hundreds of court cases.

I was appointed by Judge Robert F. Peckham as the "Court's expert in the field of psychometrics" in the "San Francisco Police Case." I have been qualified as and testified as an "expert witness" in several other cases.

I have been invited to teach law school classes as a guest lecturer on several subjects, including the methodology involved in defining applicant pools, the legal definition and statistical determination of adverse impact, statistical analyses of "equal pay" charges, and the issues involved in demonstrating "job relatedness" as a legal standard with the major focus on test validation.

1. Stanford Law School - Invited by William Gould, a nationally recognized scholar on EEO law. He has been nominated by President Clinton to head the National Labor Relations Board.

2. University of California Law School (Hastings) - Invited by Eva Patterson, Executive Director of the Lawyers Committee on Urban Affairs and Chair of the Bay Area Civil Rights Coalition.

3. University of San Francisco Law School - Invited by John Pemberton, formerly Executive Director of EEOC in Washington, and now EEOC Regional Attorney supervising all EEOC trial attorneys in the San Francisco Region.

4. Golden Gate Law School - Invited by Gary Siniscalco, the EEO specialist at Orrick, Herrington, & Sutcliffe.

5. National Employment Law Institute - Invited by Barry Goldstein, for many years the premier employment law expert at the NAACP Legal Defense Fund and now with Saperstein, Mayeda, and Goldstein in Oakland, California.

I have been invited by Congressional Committees to testify at Hearings on four occasions. I testified at both the House and the Senate Hearings on the Civil Rights Act of 1990. PG&E has received appreciative letters and awards from Civil Rights groups as a result.

I served as a "pro bono" testing expert to a national coalition of civil rights groups regarding issues involving discriminatory hiring practices by the Federal Government, and was one of group's spokesmen in a meeting with the Attorney General. I also appeared as a guest on the MacNeil/Lehrer News Hour and wrote an invited Op/Ed Page article in the New York Times to rebut a William Safire column on these issues.

I was interviewed by historian Sylvia Danovitch as part of the EEOC Oral History Project. The interview tapes and a full transcript will be deposited in the National Archives in Washington D.C. for future use by scholars.

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