ASE's AA/EEO & Diversity Conference will consist of two Plenary sessions and three sets of breakout sessions. Attendees can attend one session in each set of breakouts.
Morning Breakout Sessions - 9:45 a.m. - 11:00 a.m.
BK-1: You Get What You Measure: Using Analytics to Identify Opportunities and Support Diversity
Patrick Nooren, Executive Vice President, Biddle Consulting Group
What are “Diversity Reports/Metrics?” If you were to ask that question to ten people, it’s likely you would get ten different answers. Why is that? Because it depends on the organization, the unique set of circumstances within the organization, and the unique set of questions being asked. In this webinar, we will discuss the utility (or “futility”) of AAP analyses as “diversity” analyses, and the need for practitioners to move beyond the scripted metrics towards collecting and analyzing data that is truly useful.
BK-2: Just When You Thought Employment Law Couldn't Get Any Stranger...
Cara Crotty, Partner, Constangy, Brooks, Smith & Prophete, LLP
This session will review the latest trends and developments in employment law, both nationally and regionally. Cara will provide takeaways for potential policy or organizational changes a company can consider, ensuring compliance in light of emerging issues and legal developments in the area of employment law. Participants will gain practical guidance on current legal issues for human resource professionals and in-house lawyers, as well as insights into pragmatic approaches for handling various employees concerns and circumstances.
BK-3: Anatomy of an OFCCP Audit
Lauren Hicks, of Counsel, Ogletree Deakins
OFCCP audits can be an excruciating prospect and experience for contractors. This session breaks down the various aspects of an audit, from scheduling to desk audit to final results and how the agency views each step of the process, while comparing the OFCCP compliance manual to the realities of the audit. Participants will learn about the good, the bad, and the ugly of audits. This session will also discuss the expectations of the focus reviews for EO 11246, 503, and 4212 that will begin in the current government fiscal year
Mid-Morning Breakout Sessions - 11:15 a.m. - 12:30 p.m.
BK-4: Top 7 Tips for Investigating and Responding to a Complaint of Discrimination or Harassment
Tiffany Buckley-Norwood, Partner, Jackson Lewis
You have received a complaint of discrimination or harassment in the form of an internal complaint or formal charge of discrimination. What steps should you take? Should you involve a third party to assist? This session will address the top seven tips for how to appropriately investigate and respond to the complaint, based on the source of the complaint and the potential legal risks.
BK-5: If You're Human, You're Biased: How Our Implicit Biases Impact Decisions, Interactions and Perceptions
Jocelyn Giangrande, CEO, SASHE, LLC
Biases are the result of a variety of messages introduced into our subconscious from an early age. Many of these biases are deep in our unconscious and often influence how we perceive others, determine dangerous situations, and make quick judgements. Biases are not restricted to any one group, and all of us have them. Jocelyn will provide understanding of the origin of biases and how they may impact human dynamics, perceptions, and interactions. This session will explore how our biases protect us and how they may contribute to misconceptions about others and situations.
BK-6: Misclassification, Exempt v. Non-Exempt, Wage and Hour Audits, and More
Mohamed Beidoun, Wage Hour Investigator and Mildred Kress, Community Outreach and Resource Planning Specialist, U.S. Department of Labor, Wage and Hour Division
The presentation will provide an overview of the Fair Labor Standards Act, the law that governs federal minimum wage, overtime, recordkeeping, and youth employment. The topics of misclassification, exempt versus non-exempt, and the steps of a Wage and Hour investigation will be highlighted. Wage and Hour’s pilot program PAID will also be covered.
BK-7: ICE Enforcement
Alexandra V. LaCombe, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP
U.S. Immigration and Customs Enforcement (ICE) has ramped up enforcement of immigration laws since the election of the current administration. This session will review immigration enforcement issues from I-9 to H-1B enforcement to employee movement into the U.S. This session will also cover employer responses when ICE comes a’knocking.
Afternoon Breakout Sessions - 3:00 p.m. - 4:15 p.m.
BK-8: The Problem with Evergreen Jobs: Working Through the Legal & Regulatory "Wrinkles"
Candee Chambers, Executive Director, DirectEmployers
This session will review the use of evergreen requisition in the recruiting process. Participants will learn tips and tricks on how to effectively use evergreen requisitions to avoid regulatory issues during OFCCP audits and explain how to navigate the several legal and regulatory “wrinkles” that exist when listing jobs. Participants will also understand the importance to properly document legitimate, non-discriminatory reasons why job seekers are not “applicants” for these positions.
BK-9: Picking Up the Pieces for Pay Equity: Analyzing Total Compensation
Cheryl Behymer, Partner, Fisher Phillips
Directive 307 officially broadened the definition of “compensation” for federal contractors subject to affirmative action compliance requirements to include all manner of benefits, and even opportunities such as territory assignments. Over time, cases interpreting the Equal Pay Act have similarly expanded what may constitute “pay” under the EPA. Several state (and even local) laws have expressly defined “compensation” to include matching 401(k) benefits, incentives, overtime, and various bonuses, including those tied to performance evaluations. This session will discuss how to analyze these non-base-salary compensation elements to ensure identification and ability to correct unexplained disparities in advance and to protect the employer under those state laws that offer safe harbors.
BK-10: LGBT Rights Under the Law
Anne-Marie Verycrusse Welch, Partner, Clark Hill
The Supreme Court legalized same-sex marriage, and the EEOC decided that sexual orientation and gender identity fall within the “because of sex” protected category under federal anti-discrimination laws. But recently, the Supreme Court found in favor of a bakery who refused to bake a cake for a same-sex wedding. This session will discuss the legislative and legal history of LGBT rights, the current status of the law, and its impact on employers. Using different potential scenarios, the session will provide guidance on how to do the right thing in the workplace to ensure respect for LGBT rights.