DCI Consulting's Expert Summit for Employment Attorneys

As a service to the legal community, DCI Consulting will be presenting nine webinars on subjects such as, artificial intelligence in employment, UGESP and selection analyses, diversity metrics, pay equity analyses, HR risk management, and related employment topics. These webinars are being offered only to attorneys and are meant to help management attorneys provide more to their clients. As a leader in the affirmative action/equal opportunity, diversity/equity/inclusion/accessibility, selection and pay equity analysis, and risk management fields, DCI is in a unique position to provide these webinars. This is especially true in cutting-edge areas such as using artificial intelligence in employment decision-making and data analytics in racial equity audits.

Dates: Tuesdays and Thursdays in February, 2023 at 2:00 PM EST

Format of the sessions: Sessions will be an hour long including a Q&A portion at the end.

The topics for these nine sessions are as follows:
 
Measuring Disparities in Employment: A Primer on EEO Statistics

Date: Thursday, February 2nd 2:00PM EST

Although statistical analyses are commonly used to determine disparities in such employment decisions as hiring and compensation, they can be difficult to comprehend.  In this session, we will explain the basic principles of statistical analysis. At the end of this session, you may not be qualified to wear a pocket protector, but you will be able to speak to those who do.  Topics will include:

  • What does it actually mean when a disparity is statistically significant?
  • How is statistical significance different from practical significance? Does OFCCP care?
  • Why are there so many types of statistical tests? Does it really matter which one is used?
  • Why do small sample sizes complicate statistical analyses?

Presenters: Mike Aamodt, Ph.D., Rosemary Cox, Dave Sharrer, M.S.

Utilizing Regression Analyses in Pay and Hiring Matters

Date: Tuesday, February 7th 2:00PM EST

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender disparities in hiring outcomes. This session will:

  • Explain regression analysis
  • Describe the use of regression to examine race and gender disparities in pay and hiring outcomes
  • Discuss common issues that must be considered in the application of regressions such as appropriate analysis groups, availability of data, and model specification
  • Discuss regression in the context of high-stakes enforcement and how to interpret results
Presenters: Amanda Bowman, M.S., Lisa Harpe, Ph.D., Joanna Colosimo, M.A.
Calculating Damages in Class Action Litigation

Date: Thursday, February 9th 2:00PM EST

While the need to calculate damages arises in a wide variety of legal contexts, employment class actions bring their own complexities. At the same time, damages in class actions can rapidly rise far beyond what is typical in an individual employment case. This session will:

  • Discuss the methodologies for calculating damages in employment class actions
  • Provide common issues that can arise when calculating damages in class actions
  • Discuss specific issues that arise when negotiating class damages with OFCCP

Presenters: Murray Simpson, Ph.D., Evan Szarenski, J.D., Andrew Cook, Ph.D.

Using Data Analytics in Racial Equity Audits

Date: Tuesday, February 14th 2:00PM EST

Calls for corporate transparency have increased dramatically in recent years. In part, this is driven by shareholder and employee interest in accountability for progress made toward diversity, equity, inclusion and accessibility (DEIA) pledges. One method for achieving transparency around DEIA is to conduct a Racial Equity Audit, but it is important for organizations to think carefully about how, when, and what to include in such an audit. This session will:

  • Define Racial Equity Audits and demands for social responsibility
  • Describe typical methods for leveraging data analytics to conduct Racial Equity Audits
  • Provide important considerations and benefits for conducting timely and robust evaluations

Presenters: Keli Wilson, M.A., Chad Peddie, M.A., Sarah Layman, M.S.

Understanding Validation Strategies Under the Uniform Guidelines

Date: Thursday, February 16th 2:00PM EST

The Uniform Guidelines on Employee Selection Procedures (UGESP) have been used by EEOC, OFCCP, and the courts to regulate, litigate, and enforce anti-discrimination laws in the use of employee selection practices since their issuance in 1978. Despite its longevity as the primary professional standards for validation of selection procedures, the UGESP includes many gray areas, and can be complicated to navigate when faced with the complexities of real-world validation research. In this session, DCI Industrial/Organizational Psychologists will address several questions often posed by our clients:

  • Under what circumstances are employers required to produce formal validation evidence?
  • What validation methods are acceptable per the UGESP – and when is each validation strategy appropriate?
  • What “must-have” elements are required by the UGESP to fully demonstrate validity under each strategy?

Presenters: Kristen Pryor, M.S., Amy Yost, Ph.D., Mark LoVerde, Ph.D. 

OFCCP: Privileged vs. Proactive Analyses

Date: Tuesday, February 21st 2:00PM EST

In 2022, OFCCP issued a directive to advance pay equity through compensation analysis. During the original release of the directive, many in the legal community were concerned that OFCCP would require the production of privileged pay equity analytics to comply with regulatory obligations. This session will discuss the directive and options for conducting pay equity studies under attorney-client privilege that are separate and distinct from regulatory requirements.  Specifically, presenters will highlight the following:

  • What the regulations actually require
  • Documentation contractors can use to satisfy its requirements for OFCCP purposes
  • New analytical strategies that can be used for proactive vs. privileged analytics

Presenters: David Cohen, M.S., Joanna Colosimo, M.A., Jon Geier, J.D.

Using IO Psychologists as Experts in Litigation

Date: Thursday, February 23rd 2:00PM EST

Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a variety of employment practices including employee selection and promotion (e.g., establishing job relatedness and selection procedure validity), performance management, compensation, sexual harassment, reduction in force, wage and hour issues, accommodations for disabilities, and administration of discipline. We will discuss a broad range of topics including:
  • Contribution to all phases of litigation: pre-litigation, active litigation, and fulfillment of conciliation agreements and consent decrees
  • Provision of affirmative and rebuttal expert reports, depositions, trial testimony and exhibits, consulting expert research, deposition questions for opposing experts, and input to legal arguments predicated on expert testimony
  • Design of quantitative and qualitative scientifically-sound research approaches to investigate systemic discrimination claims (e.g., debunk plaintiffs’ theories and allegations; conduct coding studies to analyze patterns)
  • Custom research to support organizational practices (e.g., job analysis, validation, identification of standard practices in the field)
  • Calculation of practical and statistical analyses of employment practice outcomes
Presenters: Jone Papinchock, Ph.D., Angie Rosenbaum, Ph.D., Eric Dunleavy, Ph.D.
Artificial Intelligence: Bias Audits and Beyond

Date: Tuesday, February 28th 2:00PM EST

Many employers use technology-enabled tools, including those leveraging artificial intelligence, to make high stakes employment decisions. The equal employment opportunity (EEO) landscape in this area is constantly evolving, with new city and state laws focused on automated procedures, heightened EEOC, OFCCP, and DOJ interest, and changing professional practice recommendations. This session will:

  • Describe and exemplify employment tools using artificial intelligence and related technological enhancements to make employment decisions,
  • Summarize recent city, state and federal regulations and related enforcement agency initiatives in this area, and
  • Discuss key concepts including machine learning, bias audits, adverse impact measurement, job-relatedness, fairness and transparency.

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

Expert Testimony in Wage and Hour Litigation

Date: Thursday, March 2nd 2:00PM EST

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as requirements for minimum wage, calculation of overtime, compensation for all hours worked, and identification of exempt and non-exempt jobs.

In this session, we will discuss topics including: 

  • How I/O psychologists provide essential contributions to wage and hour litigation.
  • The design of quantitative and qualitative scientifically-sound research methods to investigate wage and hour allegations such as:
    • Gathering information to identify variability among potential class members during the class certification stage of litigation
    • Measuring or estimating periods of non-exempt work hours that were not compensated (for example off-the-clock work, meal and rest break violations)
    • Analyzing company documents regarding hours worked
    • Conducting wage-hour specific job analyses as input regarding evidence of exempt or non-exempt status and independent contractor or employee status
We will also discuss the October 2022 rule proposed by the Wage and Hour Division of the Department of Labor regarding employee or independent contractor status under the Fair Labor Standards Act.

Presenters: Angie Rosenbaum, Ph.D., Jone Papinchock, Ph.D.

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