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.
Harassment, A Subtle Attack in the Workplace
Anne-Marie Vercruysse Welch, Member, Clark Hill PLC
Harassment is a difficult area at times to recognize and is becoming more subtle. Although it generally is in the eyes of the beholder, harassment in the workplace is a productivity stopper, and can impact all in the workplace, not just the harassed. Participants will learn the various elements of harassment, review the EEOC’s new guidance, and identify best practices they can take back to their organization to ensure a respectful and harmonious workplace.
Candee Chambers, Executive Director, DirectEmployers
This session will overview the accomplishments of the Obama Administration’s OFCCP administration and the change in approach under the Trump Administration, including an update on the proposed merger between OFCCP and EEOC. Participants will learn the performance indicators of OFCCP from overall compliance to settlements that will provide the foundation to what OFCCP compliance may be in the future.
Applicant Tracking 2017: How the Times Changed (Not)
David Goldstein, Shareholder, Littler Mendelsohn
On February 9, 2006, the OFCCP’s Internet Applicant (IA) Rule became effective. Eleven years later, the rule has become embedded in many organizations’ recruiting processes. But similar problems as before, such as large applicant pools and false statistical indicators abound, still exist. Failure to hire cases are still OFCCP’s bread and butter. Participants will review the Rule and learn how to better implement it into their recruitment processes from data management techniques to writing proper job postings to attract truly qualified applicants.
Why is the DOJ Calling Me? And What Should I Do?
Susan DeClercq Assistant United States Attorney & Jennifer Sabourin, Partner, Miller Canfield
This session will discuss common scenarios where the Department of Justice exercises its enforcement authority in the employment realm, and best practices for employers on how to lessen the chances that the DOJ will come knocking on your door. Topics will include issues arising under USERRA, immigration, ADA, and Title VII.
Mid-Morning Breakout Sessions - 11:15 a.m. - 12:30 p.m.
Pay Equity, The “New” Compliance Issue?
Annette Tyman, Partner, Seyfarth Shaw LLP
Pay equity is a growing area of EEO compliance, whether Federal or State. Although the Equal Pay Act (EPA) focuses on gender disparities, Title VII expands the purview to every employee. This session will provide participants a historical overview of pay equity and the interplay of EPA, Title VII, and State laws such as California and Massachusetts. Also covered will be how pay disparity is investigated by the various agencies.
State and Local Affirmative Action Requirements
Bill Osterndorf, President, HR Analytical Services
Although most employers focus on federal affirmative action requirements, a number of state and local jurisdictions from Minnesota, Michigan, New Jersey, Los Angeles, Detroit, and other localities have affirmative action requirements as well. Participants will understand the reason and nature of these state and local requirements and strategies on how to respond when a State or locality requests to see the employer’s AAP.
Retaliation in the Workplace
Equal Employment Opportunity Commission
The fastest growing charge of the EEOC has been retaliation, and it isn’t always easy to spot. Any employer is at risk. This session will review the new EEOC guidance on retaliation and various scenarios, especially subtle, that arise in the workplace. Participants will learn how to recognize and respond to retaliation claims and various proactive actions they should take to prevent future issues.
Afternoon Breakout Sessions - 2:00 p.m. - 3:15 p.m.
Conducting a Pay Equity Analysis
Patrick Nooren, Executive Vice President, Biddle Consulting Group, Inc.
Pay disparities can be identified from a variety of ways including multivariate and cohort analysis. This session will provide participants a process and identify tools to conduct pay equity analysis from both a large group and small group perspective. Participants will also learn about best practices for identifying and adjusting pay when unexplained disparities are found.
Developing a D&I Framework
Haven Cockerham, President, Cockerham & Associates
Many times diversity initiatives are hit and run; there is no real framework to slot in the activities and determine the ROI, which management wants to know. Diversity today is expected by Millennials and Generation Z. Participants will learn about the components and collaborators of a D&I strategy and how to identify milestones to determine ROI in order to develop an overarching framework that is sustainable and profitable for the organization.
Accommodation Galore: ADA, Pregnancy, USERRA, Religion, and More
Tiffany Buckley-Norwood, Principal, Jackson Lewis
As leave issues become a larger focus of government investigations and complaints by employees, this session focuses on the latest trends and requirements imposed upon employers. What is reasonable under the circumstances can be difficult to prove. Working through a variety of examples, participants will recognize key concepts that will help them coordinate leave policies that minimize risk throughout the organization.