In November 2014, Students for Fair Admissions, Inc. (SFFA) filed lawsuits against Harvard University and the University of North Carolina, challenging their admissions procedures. The case progressed to the U.S. Supreme Court, which concluded that “Harvard’s and UNC’s policies are unconstitutional because they serve objectives that are insufficiently measurable, employ racial categories that are imprecise and overbroad, rely on racial stereotypes and disadvantage nonminority groups, and do not have an end point.” This landmark decision by the Supreme Court limited the ability of institutions of higher education to consider an applicant’s race in and of itself as a factor in the admissions decision. In the wake of this ruling, we are likely to see an increase in litigation related to higher education admission policies. In these cases, the impact of a student’s educational path will play an important role in determining an individual’s predicted future earnings. The changes to come from this ruling are expected to increase legal challenges related to DEI initiatives not only in the academic setting but also in the employment context, and some employers have started reevaluating their DEI programs to mitigate legal risks.
An essential component in the damages assessments associated with such cases will be the expected postgraduate earnings outcomes related to a particular field of study, educational degree, or institution of higher education. Survey data can play a crucial role in providing statistical evidence on the expected earnings outcomes. However, using survey data in legal settings presents significant challenges that require careful consideration. One major challenge is the potential for bias in survey design, which can arise from factors such as the selection of respondents, the phrasing of questions, the timing of the survey, and other methodological factors. Such biases can distort the results, making them less reliable as evidence. In addition, the methodology used to collect and analyze survey data can vary widely, impacting the validity and reliability of the findings. For experts determining damages in scenarios where the field of study or choice of higher education institution plays a key role in determining future earnings trajectories, it is important to understand and appreciate what data is available, how it was collected, and its utility—or lack thereof—in the context of specific facts of the case.
For this reason, through a detailed examination of various databases, this article presents a catalog of leading data sources that provide earnings information by field of study, educational attainment, and college or university. This article covers the key aspects of data from various sources, including their origin and description, their demographic scope and coverage, the depth of information provided, representativeness, accessibility protocols, data timeliness, and critical strengths and limitations for analysis. By outlining these key aspects, the article intends to serve as a valuable resource for damages experts, aiding them in effectively incorporating survey data into their analysis and ensuring that the data used is both robust and defensible.
National Center for Science and Engineering Statistics (NCSES)
The NCSES, within the National Science Foundation (NSF), conducts several surveys to monitor workforce trends in the science and engineering sectors. The following surveys focus on assessing employment outcomes in these fields:
- National Survey of College Graduates (NSCG)
- Early Career Doctorates Survey (ECDS)
- Survey of Doctorate Recipients (SDR)
- Survey of Earned Doctorates (SED)
The NCSES Data Explorer platform (https://ncses.nsf.gov/explore-data) and the SESTAT platform (https://ncsesdata.nsf.gov/sestat/) provide interactive access to the data. The subsequent sections provide detailed references for each dataset.
National Survey of College Graduates (NSCG). The NSCG is a biennial survey of college graduates residing in the U.S. that has been conducted since the 1970s. The NSCG is sponsored by the NSF and conducted by the U.S. Census Bureau. The survey provides data on the number and characteristics of individuals with a bachelor’s or a higher degree, with a focus on individuals with education and/or employment in science or engineering. Table 1 summarizes the key features of this survey.