Format: Each session will be 25 minutes long with a 5 minute break.

DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus on trending topics in the employment field related to data analytics and regulatory compliance. These webinars are being offered only to management attorneys. As the leader in areas such as affirmative action, DEIA, selection assessment, and pay equity analysis, DCI is in a unique position to provide this webinar.

This year’s Expert Summit will be held on a single day. Attorneys can attend whichever sessions they choose.

The topics for these five sessions are as follows:

Contemporary Trends in OFCCP Audits: What's Changed and What's Stayed the Same

Presenters: Joanna Colosimo, M.A., Amanda Bowman, M.S.

Much has changed with OFCCP over the last year. From the departure of Jenny Yang as Director last March to the almost simultaneous release of a new scheduling letter and scheduling list, 2023 was a rollercoaster. Joanna Colosimo and Amanda Bowman will summarize the biggest changes and most important enforcement results from 2023 and highlight what we are seeing so far in fiscal year 2024. We will discuss the following topics during this session:

• Leadership and other staffing changes
• Predetermination Notice rule revisions
• OFCCP’s revised scheduling letter, including post-submission trends
• Corporate Scheduling Announcement Lists
• OFCCP’s continuing focus on construction contractors

Proactive DEI Program Audits: Making Progress Within the Current Legal Framework

Presenters: Keli Wilson, M.A., Jon Geier, J.D.

There is a spotlight on employer DEI practices following the Supreme Court ruling on affirmative action in higher education admissions. In some cases, DEI programs may not have been conducted in a legal, defensible, or sustainable manner. There can be unintended consequences to these programs such as discrimination claims, paused initiatives, and negative press. What should employers do now to develop and monitor DEI in the workplace? Join this session led by Keli Wilson and Jon Geier to learn about the following:

• Common pitfalls in DEI programs
• Proven strategies
• The benefits of a legally sound DEI program
• Gaining support for DEI programs

More Data, More Risk: OFCCP's Approach to Multi-Year Pay Data

Presenters: Lisa Harpe, Ph.D., Jana Garman, M.A.

With the implementation of the newest scheduling letter and itemized listing, OFCCP is requiring significantly more pay data at the start of each audit. With this increase in data OFCCP can analyze, the risk to contractors undergoing reviews also increases. In this session, Lisa Harpe and Jana Garman will discuss:

• The risks that are introduced by larger datasets that are aggregated over time periods
• OFCCP's methodology in analyzing the compensation data it requests at the start of an audit
• Risk mitigation tactics when preparing for an audit

AI in Employee Selection: Assessing Whether New Tools Comply with the UGESP

Presenters: Sarah Layman, M.S., Jone Papinchock, Ph.D.

As organizations leverage artificial intelligence to streamline their hiring processes, there are increasing concerns regarding the legal defensibility of such tools. This presentation by Sarah Layman and Jone Papinchock will provide attendees with:

• An overview of ways employers are leveraging AI in selection
• A primer on the Uniform Guidelines on Employee Selection Procedures (UGESP)
• Information on the importance of and approaches for establishing job-relatedness for selection tools
• Key considerations for validating AI-driven selection tools in accordance with the UGESP

Who's in Charge? Evaluating Vendor Responsibility in the Evolving Regulatory Landscape

Presenters: Eric Dunleavy, Ph.D., Dave Schmidt, Ph.D.

Historically, employers have been responsible for legal compliance, and the associated liability, regarding assessments used in employee selection. Today, vendor-developed assessments leveraging technologically-enabled methods such as artificial intelligence, machine learning, and natural language processing are increasingly used in employee selection. With the use of these new tools by vendors, the legal landscape is evolving as well, and the responsibility and liability for employee selection will become more complex. Eric Dunleavy and Dave Schmidt will discuss:

• Why the landscape is shifting
• Potential implications for employers and vendors regarding assessment research, audits, and use strategies
• Recommendations for vendors and employers in using vendor assessment tools