Video Library for DCI Consulting's 2023 Expert Summit for Employment Attorneys

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 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 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.

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:

• Explains regression analysis
• Describes the use of regression to examine race and gender disparities in pay and hiring outcomes
• Discusses common issues that must be considered in the application of regressions such as appropriate analysis groups, availability of data, and model specification
• Discusses regression in the context of high-stakes enforcement and how to interpret results

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:

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

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

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:

• Defines Racial Equity Audits and demands for social responsibility
• Describes typical methods for leveraging data analytics to conduct Racial Equity Audits
• Provides important considerations and benefits for conducting timely and robust evaluations

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

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 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. 

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 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.

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:

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

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