2023 Update on Artificial Intelligence and Equal Employment Opportunity: Fasten Your Seatbelt
This session will discuss the rapidly evolving city, state, and federal regulatory landscape, new technical guidance and advocacy resources, and strategies for mitigating risk.
Learning Objectives:
- Define and identify artificial intelligence tools in the employment decision making context and differentiate them from more traditional tools.
- Become familiar with evolving state and city laws in this area including those proposed in New York City, Washington, DC, and California.
- Understand federal activity in this space, including EEOC initiatives, OFCCP guidance, and the White House blueprint for an AI bill of rights.
- Review recommendations from a recent Institute for Workplace Equality (IWE) technical advisory committee on Artificial Intelligence in Employment chaired by Vicki Lipnic.
- Consider strategies HR practitioners can use to perform due diligence and audit artificial intelligence tools.
Eric Dunleavy, Ph.D.
Eric M. Dunleavy, Ph.D., is a Principal Consultant at DCI Consulting Group, where he is involved in equal employment opportunity audit and litigation consulting. He also serves on staff with the Center for Corporate Equality (CCE), which is a national nonprofit employer and research association based in Washington, DC, whose mission is to promote proactive affirmative action, equal employment regulatory compliance, and other human resource management strategies to create diverse organizations free from workplace bias. Eric's primary areas of expertise are in employee selection, employment testing, validation research, adverse impact analyses and other quantitative methods. His most recent work has focused on advanced quantitative analyses for assessing adverse impact and on selection procedure validation research in the context of OFCCP enforcement.
Eric received his M.A. (2002) and Ph.D. (2004) in Industrial/Organizational Psychology with a concentration in data analysis from the University of Houston. He received an Honors B.A. (2000) in Psychology from St. Anselm College.
Victoria Lipnic
Victoria A. Lipnic is a Partner at Resolution Economics. She leads the Company’s Human Capital Strategy Group. The Human Capital Strategy Group combines the Company’s expertise in data analytics and deep knowledge of regulatory requirements with an interdisciplinary approach to advise organizations on the full range of their human capital needs and reporting requirements including recruitment, selection, promotions, DE&I, pay equity, and ESG, especially as to equal employment opportunity and anti-discrimination issues.
Ms. Lipnic joined Resolution Economics in 2021. She has broad experience in the full range of human capital, labor and employment issues, especially from the regulatory enforcement perspective. Prior to joining the Company she served as Commissioner of the U.S. Equal Employment Opportunity Commission (“EEOC”) from 2010 to 2020 and Acting Chair from 2017 to 2019. She was appointed to the EEOC by President Barack Obama and confirmed by unanimous consent by the U.S. Senate. At the EEOC she worked on policy, cases, and regulations falling under all of the statutes enforced by the Commission including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA) and the Genetic Information Nondiscrimination Act (GINA). While at the EEOC she participated in numerous agency regulatory initiatives including the final GINA regulations, the ADA, as amended, regulations, and the revisions to the EEO-1 form to include pay data reporting. She organized the agency’s first public meeting on Big Data in Employment, created its Chief Data Officer position, oversaw development of the Office of Enterprise Data and Analytics and published a significant report on age discrimination. She co-chaired the EEOC’s Select Task Force on the Study of Harassment in the Workplace, and co-authored its seminal report, issued in 2016, before the #MeToo movement. Prior to the EEOC, she practiced law with Seyfarth Shaw. She also served as Assistant Secretary of Labor for Employment Standards from 2002-2008, appointed by President George W. Bush, where, among other regulatory enforcement agencies, she oversaw the Office of Federal Contract Compliance Programs and the Wage and Hour Division. In 2021-22 she chaired the Artificial Intelligence – Technical Advisory Committee for the Institute for Workplace Equality.
Savanna L. Shuntich, Esq.
Savanna L. Shuntich, Esq. is an associate attorney with Fortney & Scott, LLC in Washington, D.C. She advises businesses on employee policy matters, OFCCP compliance, and the use of artificial intelligence in hiring. Prior to joining Fortney & Scott, Ms. Shuntich focused her practice on employment litigation and appeared before federal and state courts and administrative agencies. She was named a Super Lawyers Rising Star in the field of Employment Litigation. Ms. Shuntich received her bachelor’s degree from Davidson College and her law degree from the American University Washington College of Law.