AGENDA NILG 2022 National Conference

Click the date boxes on the right to see the schedule for each day. SHRM, HRCI and CLE credits will be available for attendees of this conference.

02:00 PM - 7:30 PM

Registration/Hospitality Desk

6:30 AM - 7:00 PM

Registration/Hospitality Desk

6:30 AM – 8:30 AM

Continental Breakfast (pre-conference attendees)

8:30 AM – 10:00 AM

BREAKOUT SESSION 1

8:30 AM – 10:00 AM

Workshop 1

Jeffrey Burstein, EEOC

8:30 AM – 10:00 AM

Workshop 2

AAP Reports: Metrics & Analysis
Nick Paul (Kairos) 

Come learn how to map job titles to census occupation codes, identify feeder pools, assign weights, and determine labor areas.  You will learn what to do if results don’t look reasonable. This workshop will cover the impact of job group creation on goals, disparities, and compensation. Instructions are provided to help you perform analysis on under-utilization, data collection, outreach, comparing applicant data to external availability and identification of trends.  How to use AAP metrics for your Diversity & Inclusion initiatives will also be reviewed. 

speaker-1

Nicolas Paul

8:30 AM – 10:00 AM

Workshop 3

Adverse Impact Flags - Finding the Truth Behind the Numbers
Rick Holt (Resolution Economics), Guy Brenner, (Proskauer)  

A finding of adverse impact in hiring, promotions, or terminations is alarming, but it is prudent to dig deeper and ensure the problematic results are correct.  This program will equip compliance personnel to effectively explore, validate, and resolve these findings.  The session will include practical guidance on how to: 
• Validate relevant selection process data 
• Review the appropriateness of the adverse impact analysis methodology 
• Gauge the appropriateness of possible remediation strategies 

speaker-1

Guy Brenner

speaker-2

Rick Holt

8:30 AM – 10:00 AM

Workshop 4

Audit Prep Starts Now (Even If You’re Not on the CSAL)
Christopher Chrisbens, Christopher Patrick, (Jackson Lewis)  

Audit preparation doesn’t have to be scary.  Or hard.  This session will empower attendees to ensure ongoing compliance and prepare for an audit well before it’s scheduled.  Participants will learn:
• What is required to submit in an OFCCP audit
• Little-known technical obligations that OFCCP enforces to ensure ongoing compliance
• How to develop a game plan to balance your compliance risk, competing time commitments, and calmly respond to an OFCCP audit letter 

speaker-1

Christopher Chrisbens

speaker-2

Christopher Patrick

8:30 AM – 10:00 AM

Workshop 5

Dispelling Fears & Stigmas around Talent with Disabilities
Keith Meadows, Kevin McCloskey (Disability Solutions)

Audit preparation doesn’t have to be scary.  Or hard.  This session will empower attendees to ensure ongoing compliance and prepare for an audit well before it’s scheduled.  Participants will learn:
• What is required to submit in an OFCCP audit
• Little-known technical obligations that OFCCP enforces to ensure ongoing compliance
• How to develop a game plan to balance your compliance risk, competing time commitments, and calmly respond to an OFCCP audit letter 

speaker-1

Keith Meadows

speaker-2

Kevin McCloskey

10:00 AM – 10:30 AM

Break

10:30 AM – 12:00 PM

BREAKOUT SESSION 2

10:30 AM – 12:00 PM

Workshop 1

OFCCP Division of Policy

Tina Williams, Director of Policy and Program Development, OFCCP 

Bev Dankowitz, Attorney, CRLM, Solicitor’s Office 

Nakisha Pugh, Director of Education and Stakeholder Engagement, OFCCP 

 

10:30 AM – 12:00 PM

Workshop 2

Drilling Down into Disparities
Will Waymel (Kairos)  

Selection disparities are identified. Now what? This workshop provides practical steps when indicators are identified in the Impact Ratio Analysis Reports. In addition to learning how to examine the underlying data to ensure results can be trusted for a step analysis, participants will learn the effect of dispositions on applicant data and how OFCCP conducts disparity analyses and calculates backpay.  This session will include selection disparities in hiring, promotions and terminations. 

speaker-1

Will Waymel

10:30 AM – 12:00 PM

Workshop 3

8 Common Mistakes in AA Planning
Beth Ronnenburg (Berkshire Associates)  

In this session, Beth Ronnenburg, President of Berkshire Associates, will walk contractors through common AAP mistakes and shed light on how to avoid them. Some examples will include: 
• Counting too many – or too few – applicants, based on the definition of “internet applicant”
• Relying too heavily on evergreen requisitions
• Making job groups too broad or too narrow
• Failing to document outreach efforts
• Neglecting to communicate goal information with recruiters and hiring managers in a meaningful way 

speaker-1

Beth Ronnenburg

10:30 AM – 12:00 PM

Workshop 4

What Does an Audit Ready AAP Really Look Like?
Cassie Shamber, Marife Ramos (Biddle Consulting)

This presentation will provide practical guidance to HR practitioners who are new to OFCCP audits and/or who have not undergone an OFCCP compliance review recently. We will review the items in the scheduling letter, highlight the areas that typically cause the most pain for contractors, and discuss potential solutions to ensure a smooth audit process. Attendees will learn ideas they can immediately implement including, but not limited to: 
• Data collection and maintenance 
• Appropriate documentation  
• Suggestions for personnel training 
• Review key data factors that can have a substantial impact on the analyses 

speaker-1

Cassie Shamber

speaker-2

Marife Ramos

10:30 AM – 12:00 PM

Workshop 5

Build & Sustain Your Military Talent Machine 
Rob Arndt (BufferSprings)

Developing a sustainable and effective military program is one of the smartest decisions an organization can make. Many organizations hire veterans, but are you doing it well? In this presentation, BufferSprings will take you on a "no BS" journey through the following (3) core focal areas for developing a robust military program: 
1) Recruit & Engage Military Talent 
2) Build a Meaningful & Sustainable Military ERG 
3) Drive Workplace Culture Through Diverse Intersectionality 

speaker-1

Rob Arndt

12:00 PM – 1:00 PM

Lunch (Pre-Conference Attendees Only)

1:00 PM – 2:30 PM

Breakout Session 3

1:00 PM – 2:30 PM

Workshop 1

Back from the Brink: Salvaging a Derailed Audit
Joan Moore, Mim Munzel  (The Arbor Consulting Group, Inc.)  

Due to inaccurate data or HR inexperience or regulation misunderstanding or all of the above, OFCCP audits can go south.  Organizations may face a long, more difficult audit process, lists of violations, a negative press release and discrimination charges. Participants will learn how to: 
• Reestablish credibility with the auditor 
• Understand the importance of accurate data - may need to reanalyze 
• Form accurate job groups 
• Investigate initial charges or claims of indicators 

speaker-1

Joan Moore

speaker-2

Mim Munzel

1:00 PM – 2:30 PM

Workshop 2

UNC and Harvard U:  Déjà vu of Fisher or Adieu to Affirmative Action?
Marilynn Schuyler (Schuyler Affirmative Action), Dean Sparlin (Sparlin Law), Matt Camardella (Jackson Lewis) 

The Supreme Court will soon consider two cases challenging the consideration of race in college admissions, which the Court previously approved in Fisher.  The Harvard case tests affirmative action at private institutions, while the University of North Carolina case arises in a public setting.  We will talk about the issues, the stakes, and the potential outcomes.  We will also discuss options for advancing diversity if Fisher is reversed. 

speaker-1

Marilynn Schuyler

speaker-2

Dean Sparlin

speaker-3

Matthew Camardella

1:00 PM – 2:30 PM

Workshop 3

Keep ‘Em, Don't Lose ‘Em. Stories from the Trenches
Roselle Rogers (CIRCA), Chris Long (Integrated Computer Solutions, Inc)  

With a labor market defined by a record number of resignations, hiring and retention are at the top of business priorities. Hiring and retaining employees is difficult enough, hiring and retaining diverse talent requires intentionality and design. Learn key strategies and best practices from employers who will share:
• Tools and resources to reach underrepresented candidates
• Strategy and actions for cultivating equity and inclusion in the workplace to foster   

   belonging
• Tools and resources for increasing engagement and retention of diverse talent 

speaker-1

Roselle Rogers

speaker-2

Chris Long

1:00 PM – 2:30 PM

Workshop 4

Diversity, Equity & Inclusion:  Conducting a Self-Audit 
Cara Crotty (Constangy)  

We will discuss the importance of DEI and how to determine whether you’re fostering DEI in your workplace., including how an organization can audit its practices to ensure EEO compliance while moving the DEI needle.  Topics:
• Why performing DEI self-audit is essential
• What to consider when conducting DEI self-audit
• What type of information is needed for DEI self-audit
• Who should conduct DEI self-audit
• What should be done with results of DEI self-audit 

speaker-1

Cara Crotty

1:00 PM – 2:30 PM

Workshop 5

Preventing Religious Discrimination in the Workplace
Sheila Willis, Cheryl Behymer (Fisher/Phillips)  

This presentation will explore best practices related to religious accommodations and discrimination.   Attendees will learn practical tips for evaluating religious accommodation requests, gain practical advice for avoiding religious discrimination claims, and tips to improve religious inclusivity in the workplace.  Audience members will be able to participate through asking questions of the presenters. 

speaker-1

Sheila Willis

speaker-2

Cheryl Beymer

2:30 PM – 3:00 PM

Break

3:00 PM – 4:30 PM

BREAKOUT SESSION 4

3:00 PM – 4:30 PM

Workshop 1

Using Data to Build a Disability Inclusive Workforce
Chris Powell (Talmetrix), Carol Glazer (National Organization on Disability)  

NOD’s (National Organization on Disability) Employment Tracker is a free online survey that benchmarks companies’ performance in disability workforce inclusion against a pool of over 210 companies with 9 million employees.  We’ll review trend data and aggregate results from the 2021 Tracker and will report on the practices most highly correlated with disability recruitment, self-ID, retention and promotions.  This year marked the first-ever quantitative analysis on what practices have the greatest impact on critical HR metrics.  We’ll report on those results and what they signal for the future of disability inclusion in the workforce. 

speaker-1

Chris Powell

speaker-2

Carol Glazer

3:00 PM – 4:30 PM

Workshop 2

After AAP Data Analyses: Remember Other Compliance Obligations 
Joshua Roffman, Alissa A. Horvitz (Roffman Horvitz)  

A compliant AAP has data analyses and words.  The words often are a template that the employer is expected to customize based on the results of the data, but a lot of this boilerplate gets repeated each year without sufficient attention.  The presentation objectives include:
• giving attention to the non-data-analysis compliance requirements in OFCCP’s regulations
• helping employers to develop or maintain evidence to prove compliance
• avoiding technical violations in compliance reviews 

speaker-1

Josh Roffman

speaker-2

Alissa Horvitz

3:00 PM – 4:30 PM

Workshop 3

The Job of Compliance: It May Not Be What You Think
Matt Nusbaum (Biddle Consulting)  

Most people think they know what "compliance" is all about. Your executives have one idea, your legal team another, the OFCCP has their own ideas, and your rank-and-file employees are all over the place. And most of those people are dead wrong in one way or another. Let's cut through the noise together and figure out what it is we are actually supposed to be doing here, how, and importantly *why.* 

speaker-1

Matt Nusbaum

3:00 PM – 4:30 PM

Workshop 4

Hidden Figures: Five Key Diversity Metrics You’re Overlooking
Danny Petrella (NT Lakis)  

Buried deep in employee activity data are diversity metrics that hold the key to identifying and breaking down hidden EEO barriers . . . if you know where to look. This session will tackle several real-world scenarios, each designed to spotlight unique diversity indices, and enable participants to:
• Extract advanced diversity metrics from employee activity data
• Identify business processes that may inadvertently inhibit diversity
• Replicate these analyses within their own organizations 

speaker-1

Danny Petrella

3:00 PM – 4:30 PM

Workshop 5

Accessibility for Deaf Employees 
Greg Hlibok, Corey Burton, AnnMarie Killian (ZP Better Together), Kevin Fitzpatrick (Pepsi Co.)  

Join a meaningful discussion with three Deaf executives focusing on accessibility for Deaf and hard of hearing employees in the workplaces.  Through real life experiences, we will explore the positive impact communication access has on employee performance, retention, and morale.
Attendees will:

• leave with an understanding of the various accommodation options for Deaf and hard of  hearing employees
• understand how to incorporate communication services into their accessibility accommodation plan
• understand the benefits of including Deaf and hard of hearing candidates in their hiring  practices. 

speaker-1

Greg Hlibok

speaker-2

Corey Burton

speaker-3

AnnMarie Killian

speaker-4

Kevin Fitzpatrick

4:30 PM – 5:00 PM

First Time Attendees Briefing

Getting the Most from the Conference
(NILG Board Member)

5:00 PM - 7:00 PM

Exhibitor's Reception

7:00 PM - 9:00 PM

VIP - Cruise (Ticket Only Event)

6:30 AM - 7:00 PM

Registration/Hospitality Desk

6:30 AM - 8:00 AM

Breakfast/Exhibits

8:00 AM - 8:15 AM

Opening Ceremony and Welcome

8:15 AM - 8:30 AM

NILG Presentation - State of the NILG and Lois Baumerich Award

Tony Kaylin (NILG Chair)

8:30 AM - 9:15 AM

OFCCP Keynote Address

Jenny Yang, Director, OFCCP

speaker-1

Jenny R. Yang

9:15 AM - 10:15 AM

PLENARY SESSION: Moving Towards a Culture of Equity

Wendy Chun-Hoon, Director of the Women’s Bureau, Jenny Yang, Director of OFCCP and Charlotte Burrows, Chair of the EEOC

speaker-1

Wendy Chun-Hoon

speaker-2

Jenny R. Yang

speaker-3

Charlotte A. Burrows

10:15 AM – 11:00 AM

Break

11:00 AM – 12:15 PM

BREAKOUT SESSION 1

11:00 AM – 12:15 PM

Workshop 1

The New Census Data: Are your New Goals Reasonable and Attainable?
Judy Julius (EEO Consulting), Fred Melkey (Emerson)

The new EEO Census tables have had an impact on all AAPs. Whether you have mapped your workforce to the new codes or not, come join us, and let’s discuss how it’s going, including: comparisons from 2010 to 2018, what changed and why, what choices you have, and what recruitment areas you should utilize.  We’ll walk through National, State, Metro, Compressed, County, and Industry Data. Additionally, we will discuss alternative benchmarks available under the regulations you should consider. 

speaker-1

Judy Julius

speaker-2

Fred Melkey

11:00 AM - 12:15 PM

Workshop 2

Creating a Sustainable Accountability Program for Managers
Rosemary Cox (DCI Consulting), Ed Hagar (Huntington Ingalls Shipbuilding)

Come explore the benefits of a bottoms-up, long-term, sustainable approach to diversity versus the typical top-down, quick-fix, public relations approach.   Building a diverse and inclusive environment begins when leaders are on board, but often senior leadership only focuses on diversity/accountability at the top levels of the organization.  We will explore the importance of a more holistic approach to diversity recruiting and accountability.  Join us for a discussion on holding managers accountable for diversity and inclusion. 

 

speaker-1

Rosemary Cox

speaker-2

Ed Hagar

11:00 AM - 12:15 PM

Workshop 3

Pay Equity 2.0: Looking Beyond Just Pay Adjustments
Erin Connell (Orrick), Laura Mitchell (Jackson Lewis)

The importance of developing compliant and competitive compensation systems that attract and retain top talent while withstanding legal challenges, OFCCP audits and EEOC investigations has never been greater.  In this session, two thought leaders in the pay equity field will discuss (1) best practices for equitable and transparent compensation systems, (2) meaningful ways to analyze for pay equity at the group and individual level, and (3) practical advice for promoting pay equity internally and externally. 

speaker-1

Erin Connell

speaker-2

Laura Mitchell

11:00 AM - 12:15 PM

Workshop 4

Multi-State Madness: Navigating State Laws on Hiring, Pay, AA and More
Diego Gonzales (Raytheon), David Goldstein, Chris Gokturk (Littler)

In this session we will discuss the expanding state requirements relating to pay equity, transparency, anti-harassment training and job postings. We will examine how state and local obligations could impact your compliance programs and hear from companies on practical solutions.  We will cover (1) California, Colorado, Illinois & Connecticut requirements; (2) Provide strategies for multistate employers to be compliant; (3) Discuss how all these different requirements tie together with your federal compliance. 

speaker-1

Diego Gonzales

speaker-2

David Goldstein

speaker-3

Chris Gokturk

11:00 AM – 12:15 PM

Workshop 5

Fairness in the Remote Workplace
Christine Hendrickson, Nancy Romanyshyn (Syndio)

Is the future of work remote, hybrid, or fully in the office?  How do you navigate DEI&J with a remote workforce, a hybrid workforce, or where different parts of the business require different solutions.  This session will provide best practices to ensure equity in the new world order. Participants will leave with an understanding of the research on how remote workplace or hybrid work affect DEI&J; how to evaluate and monitor the impact on your DEI&J efforts; and how these impacts are amplified if the right to work remotely is out of reach for lower-paid staff. 

speaker-1

Christine Hendrickson

speaker-2

Nancy Romanyshyn

12:15 PM– 1:30 PM

Networking / Lunch

12:15 PM - 1:15 PM

OFCCP Meeting with ILG Chairs (Invitation Only) Lunch Provided

1:30 PM – 2:45 PM

BREAKOUT SESSION 2

1:30 PM – 2:45 PM

Workshop 1

Department of Labor Solicitor’s Update
Beverly Dankowitz (DOL)

1:30 PM – 2:45 PM

Workshop 2

Effective Conciliation and Mediation Strategies Craig Leen (K&L Gates)

Former OFCCP Director Craig Leen will provide insights to help you conciliate and mediate more effectively with the agency. OFCCP litigation historically takes years and has uncertain outcomes. A reasonable settlement is often best. This presentation will focus on how and when to engage OFCCP in conciliation or mediation, what to focus on in presenting a settlement to OFCCP, and how to maximize your chances at a reasonable settlement under OFCCP procedures.

speaker-1

Craig Leen

1:30 PM – 2:45 PM

Workshop 3

Hiring During the Great Resignation: Implications for Pay Equity
Thomas Carnahan (Berkshire Associates), Nancy Holt (Ford Harrison)

This presentation will address the increasingly competitive nature of hiring and how that is influencing pay bands. We’ll explore how the pandemic is impacting women differently than men, and how that may impact gender pay equity calculations. We’ll also examine the uptick in diversity and inclusion initiatives and how that is increasing the percentages of minorities being hired. And finally, we’ll talk about age discrimination claims and look at the intersectionality of the aforementioned trends. 

speaker-1

Thomas Carnahan

speaker-2

Nancy Holt

1:30 PM – 2:45 PM

Workshop 4

How to Operationalize Your D&I and AAP Efforts
Melissa Donaldson, Maryanne Rivers (Wintrust Financial)

It’s said that AAP compliance and D&I are vastly different.  However, they are actually complementary disciplines that can rapidly increase leader engagement and commitment when appropriately integrated.   The trick is to harmonize AAP and D&I to increase understanding and reduce resistance.   This presentation will provide some practical steps for operationalizing AAPs to integrate with D&I; evolve leaders from compliance to complimenting business outcomes; and increase AAP awareness among key stakeholders, including Board of Directors. 

 

speaker-1

Melissa Donaldson

speaker-2

Mary Ann Rivers

1:30 PM – 2:45 PM

Workshop 5

Leveraging the Power of Regression Analysis to Evaluate & Explain Decisions
Michelle Duncan, Christopher Patrick (Jackson Lewis)

In this session, participants will learn how OFCCP investigates for hiring discrimination during audits.  We will also explore how logistic regression can help defend against “traditional” adverse impact in hiring and identify strategies to implement logistic regression—proactively or during audit—to evaluate hiring decisions efficiently and accurately at scale. 

speaker-1

Michelle Duncan

speaker-2

Christopher Patrick

2:45 PM – 3:15 PM

Break

3:15 PM – 4:30 PM

BREAKOUT SESSION 3

3:15 PM – 4:30 PM

Workshop 1

Pay Data Reporting Returns--What Does That Mean for Employers?
Nita Beecher (FortneyScott)

Employers subject to EEOC’s EEO-1 Report can expect a revised pay data collection to determine whether women or minorities are being underpaid relative to whites and males.  During this session, participants will learn the NAS Panel conclusions on the quality of EEO-1 Component 2 and recommendations for future collections; what the likely timelines and requirements are of EEOC’s proposed pay data collection; how employers should use pay data collection requirements to assess their trends; and recommendations for next steps 

speaker-1

Juanita (Nita) Beecher

3:15 PM – 4:30 PM

Workshop 2

Using Data Science to Quantify Your Diversity Initiatives
K. Joy Chin, Sunil Yernagula, Eric Felsberg (Jackson Lewis)

Employers struggle to advance their diversity initiatives beyond basic policies and programs. Worse, some initiatives merely respond to a sound bite uttered by an executive. While well-intentioned, these initiatives are doomed for failure. In this session, employers will learn how to identify relevant data and data science methodologies to advance diversity initiatives; interpret and act upon analytical results; and design data-driven policies and programming that truly “move the needle.” 

 

speaker-1

Joy Chin

speaker-2

Sunil Yernagula, SR.

speaker-3

Eric Felsberg

3:15 PM – 4:30 PM

Workshop 3

Your Audit Letter Is in the Mail: What Do You Do Next?
Rachel Rubino (Berkshire Associates) and Kelsey Smithisler (PPD)

magine being new to the affirmative action space and having to navigate multiple audits. That’s exactly the position that Kelsey Smithisler found herself in when she started at her company last year. In this presentation, Kelsey and Berkshire Managing Consultant Rachel Rubino take the stage to share how they worked together, how they mobilized internal stakeholders, and what they learned as they raced against the clock to close out multiple audits. 

speaker-1

Rachel Rubino

speaker-2

Kelsey Smithisler

3:15 PM – 4:30 PM

Workshop 4

Intersectionality of Race and Gender in Hiring and Pay Equity Analyses
Christopher Durham, Meredith Gregston (Duane Morris), Paul White (Resolution Economics)

In this session, participants will learn the meaning of intersectionality and how it applies to workplace discrimination; best practices for analyzing intersectionality; and how to address potential issues related to intersectionality. 

speaker-1

Christopher Durham

speaker-2

Meredith Gregston

speaker-3

Paul White, Ph.D.

3:15 PM – 4:30 PM

Workshop 5

Artificial intelligence and Equal Employment Opportunity: Back to the Future
Vicki Lipnic (Resolution Economics), Kristie Iacopeta, Annette Tyman (Seyfarth Shaw), Eric Dunleavy (DCI Consulting)

Artificial intelligence (AI) is a critical and developing area in the EEO/AA community, and it is imperative that compliance practitioners understand this new space. A panel of experts will provide participants with tangible strategies and concise deliverables to help understand artificial intelligence tools in employment. Participants will learn how to ask questions to assess risk; identify and assemble stakeholders in the room to make high stakes decisions on use; and understand foundational research to assess the EEO consequences and job-relatedness of AI tools. 

speaker-1

Victoria Lipnic

speaker-2

Kristie Iacopetta

speaker-3

Annette Tyman

speaker-4

Eric Dunleavy, Ph.D.

4:45 PM– 5:45 PM

Plenary Session: Recent Significant OFCCP Policy Developments

John Fox (Fox, Wang & Morgan P.C.), Candee Chambers (DirectEmployers)

During this session participants will learn about OFCCP policy developments, including failure-to-hire, compensation and affirmative action claims arising in OFCCP audits. Presenters will also discuss how the new American Community Survey census data can negatively impact contractors and how to avoid its effects on AAPs. Participants will have many “learning moments” and leave the conversation with practical tips to apply when developing AAPs and defending OFCCP audits considering current OFCCP policy initiatives.  

speaker-1

John Fox

speaker-2

Candee Chambers

5:30 PM - 7:00 PM

Exhibitor's Reception

6:30 AM - 5:00 PM

Registration/Hospitality Desk

6:30 AM - 8:00 AM

Breakfast/Exhibits

8:00 AM - 8:10 AM

Welcome

8:10 AM – 8:15 AM

NILG 2023 National Conference

8:15 AM – 8:45 AM

EEOC Keynote Address

Jocelyn Samuels, Vice Chair, EEOC (Invited)

speaker-1

Jocelyn Samuels

8:45 AM – 9:15 AM

Break / Exhibits

9:15 AM – 10:30 AM

BREAKOUT SESSION 1

9:15 AM – 10:30 AM

Workshop 1

Conciliation Agreements-Understanding the Costs of Technical Violations
Alex Gonzalez (Outsolve), Alissa A. Horvitz (Roffman Horvitz)

OFCCP’s financial settlements are big headlines but technical violations also have long-range costs that include changes to policy and procedures and supplemental legal advice and counsel, plus submission of periodic progress reports that span six months to five years.   This presentation will evaluate non-financial conciliation agreements from FY20 and FY21, summarize the most frequent violations, examine the ongoing compliance obligations, and provide recommendations on how government contractors can come into compliance prior to an audit. 

speaker-1

Alex Gonzalez

speaker-2

Alissa Horvitz

9:15 AM – 10:30 AM

Workshop 2

Lessons Learned from Recent OFCCP Compensation Audits
Thomas Carnahan, Lynn Clements (Berkshire Associates)

Identifying potential disparities in compensation remains a top priority for OFCCP.  But most organizations have a limited understanding of what OFCCP is looking for when it reviews a contractor’s compensation practices during a compliance review.   In this presentation Lynn Clements, Esq and Dr. Thomas Carnahan talk about what they do best -- navigating the pay portion of an OFCCP compliance review – and share practical tips on how organizations can protect themselves against potential risk. 

 

speaker-1

Thomas Carnahan

speaker-2

Lynn Clements

9:15 AM – 10:30 AM

Workshop 3

Leveraging AA/EEO Efforts to Address ESG Objectives
Val Hoffman (Seyfarth Shaw LLP)

speaker-1

Valerie Hoffman

9:15 AM – 10:30 AM

Workshop 4

AI's Influence on Hiring Diversity and Regulations
Patrick McNiel (Affirmity)

This session is about the use of artificial intelligence for assessing and selecting employees. It will focus on how AI is used in this space, and on its potential to both help and hinder diversity in an organization. The session will also cover the intersection of AI and relevant regulations. And, it will cover the ethical arguments and regulatory trends that are emerging in response to the use of AI for assessment purposes. 

speaker-1

Patrick McNiel

9:15 AM – 10:30 AM

Workshop 5

Beyond Posting – Successful Strategies to Reach Underserved Communities
Rhonda Aubin-Smith, (Director OFCCP Boston), Laura Garger (Ogletree Deakins), Amie Brunelle (Outsolve), Teresa Malonzo (Harvard University), Janice DuFresne (WilmerHale)

Join Rhonda Aubin-Smith, District Director, OFCCP-Boston, and members of the New England ILG (NEILG) to discuss how to team with regulators, community resources and employer peer-group resources to ‘Be the Beacon for Change’.  The panel will discuss individual company initiatives and the availability and utility of community programs to increase the workplace participation of historically marginalized groups.  The panel will discuss challenges and possibilities for developing the skill sets of potential applicants – not just identifying minority candidates, but working to ensure equal access by increasing skills to increase the likelihood of selection. 

speaker-1

Rhonda Aubin-Smith

speaker-2

Laura Garger

speaker-3

Amie Brunelle

speaker-4

Teresa C. Malonzo

speaker-5

Janice DuFresne

10:30 AM – 11:00 AM

Break / Exhibits

11:00 AM – 12:15 PM

BREAKOUT SESSION 2

11:00 AM – 12:15 PM

Workshop 1

Update on Contemporary OFCCP Enforcement: 2021 Settlement Data
David Cohen (DCI Consulting)

In a typical year OFCCP conducts around 4,000 compliance evaluations that result in tens of millions of dollars in in back pay and benefits for tens of thousands of American workers. However, these summary data describe only a small part of the agency’s overall enforcement picture.  This is the 12th year Mr. Cohen has taken a data driven approach to understanding OFCCP enforcement activity, and as such trends over time are beginning to emerge. This presentation will detail the results of FY2021 data and trends over time. 

speaker-1

David Cohen

11:00 AM – 12:15 PM

Workshop 2

Follow the Money: Handling Hiring Claims in OFCCP Audits
Christopher Durham, Meredith Gregston (Duane Morris), Valentin Estevez (Charles River Associates. Inc.)

The US labor market shows historically high numbers of separations and unfilled job openings.  As contractors struggle to retain employees and fill openings, the OFCCP is increasing its hiring audits and plans to closely scrutinize the use of Artificial Intelligence (AI) hiring tools.  In this session, we will discuss the stages of an OFCCP hiring audit, from the initial request through the conciliation in process.  You will learn best practices to prepare and respond to an OFCCP hiring audit, including responding to the agency’s statistical analyses and backpay demands. 

speaker-1

Christopher Durham

speaker-2

Meredith Gregston

speaker-3

Valentín Estévez, Ph.D.

11:00 AM – 12:15 PM

Workshop 3

Creating Career Paths for Veterans
Mark Toal (U.S. Department of Labor Veterans’ Employment and Training Service)

Mark Toal, DOL VETS breaks down key information to unlock gateways for employers and veterans/military spouses for meaningful mutually beneficial connection. These insights offer actionable insights to fill critical roles for growth and career longevity. Some topics to be addressed are Veteran demographics and myth busting with up-to-date reality facts. Additionally actionable resources are provided to find and hire transitioning service members, veterans, and military spouses. To bring it all together, Mr. Toal offers guidance to actions vital to sustainable prosperity for the veteran community in your workplace. Game-changing strategies will be shared regarding thoughtful contemplation on retention of veterans. Further, practical outlining of on boarding and career development deliverables will be covered to empower employers to act with confidence. If recruiting, hiring and retaining veterans & military spouses to your roster is important to you, this session cannot be missed! 

speaker-1

Mark Toal

11:00 AM – 12:15 PM

Workshop 4

So You Are on the CSAL – Now What?
Daniel Duff and Alyssa Calabrese (Jackson Lewis)

OFCCP’s often posts its Scheduling Announcement List (“CSAL”) on its website in advance of issuing an audit scheduling letter to a given contractor.  While the length of this interim period is now uncertain, the gap can often afford contractors “extra time” to take proactive steps that can be the difference between a successful audit and one that results in technical or discrimination violations.  This presentation will explore key strategies contractors can use to take advantage of the potential gap in time between the CSAL announcement and the commencement of an OFCCP audit to identify and cure compliance gaps before it is too late! 

speaker-1

Daniel Duff

speaker-2

Alyssa Calabrese

11:00 AM – 12:15 PM

Workshop 5

Good (EEO) Governance: Avoiding Major Public Scrutiny
Rae Vann (Wayfair), James Sconzo (Core Triangle Consulting)

Many U.S. companies increasingly are facing public scrutiny from investors and others for lackluster DEI program results and avoidable EEO misconduct issues — whether involving alleged harassment or other misdeeds. This presentation will: (1) examine the top missteps companies make in heading off, and responding to, consumer and investor concerns around EEO and DEI issues; (2) discuss recent headline-grabbing cases; and (3) provide strategies for maximizing DEI and EEO success and minimizing fallout from avoidable mistakes. 

speaker-1

Rae Vann

speaker-2

James Sconzo

11:00 AM – 12:15 PM

Special Event

Higher Education Roundtable
Moderator: Donna Maywar, Princeton University

12:15 PM - 1:00 PM

Networking / Lunch

12:15 PM - 1:15 PM

EEOC Meeting with ILG Chairs (Invitation Only) Lunch Provided

1:15 PM - 2:15 PM

Keynote Speaker – Steve Pemberton

speaker-1

Steve Pemberton

2:15 PM – 2:30 PM

Break / Exhibits

2:30 PM – 3:45 PM

Breakout Session 3

2:30 PM – 3:45 PM

Workshop 1

Bad Clam or Rotten Bushel – Rethinking ‘Systemic’ Pay Equity
Daniel Kuang (Biddle), David Garber (DCI), Robert LaJeunesse (OFCCP), Moderator: Paul McGovern (Praxis Compliance)

Identifying and addressing systemic pay equity issues is critical to the success of women, people of color, and employers. Current strategies, tending to search for specific instances of bias, fail to recognize the systemic perspective.    A panel of experts, representing both OFCCP and the contractor community, will share some simple, yet powerful, “Pattern Analysis” techniques that will empower attendees to distinguish the systemic from the non-systemic, detect systemic pay inequities, and address such patterns comprehensively. 

speaker-1

Daniel Kuang, Ph.D.

speaker-2

David Garber, Ph.D.

speaker-3

Paul McGovern

speaker-4

Bob LaJeunesse, Ph.D.

2:30 PM – 3:45 PM

Workshop 2

Lighting the Path for Strategic Audit Management
Amanda Bowman (DCI Consulting), Connie Cody (Coca Cola)

Once the desk audit is submitted an audit can take many paths, which can be difficult to plan for and manage. This session will provide strategies to approach some common, or noteworthy, requests seen in OFCCP audits. Presenters will bring practitioner and employer perspectives to addressing these requests and preparation. Participants will learn common requests made during OFCCP audits, strategies to prepare for and respond to requests and  ways to prepare the business for the unknowns. 

speaker-1

Amanda Bowman

speaker-2

Connie Cody

2:30 PM – 3:45 PM

Workshop 3

Moving from Ally to Advocate for Transgender and Non-Binary Employees
Kristy Lowther, Ariana Katz (RTI International)

Boldly create change and expand gender inclusivity in your workplace by helping supportive allies grow into proactive advocates for transgender and non-binary employees. By the end of this session, you will be able to (1) think strategically about asking someone’s pronouns; (2) challenge assumptions, especially in virtual spaces; (4) incorporate affirming language into everyday communications; (5) explore the power in visible leadership support and (6) take responsibility to ensure safe spaces for transgender and non-binary employees. 

 

speaker-1

Kristy Lowther

speaker-2

Ariana W. K. Katz

2:30 PM – 3:45 PM

Workshop 4

Disparate Impact Discrimination Law, Lore, Lies and Liability
Brian Barger (McGuire Woods)

Statistical adverse impact analyses are a core part of affirmative action and a key measure by which contractors are audited. However, the law regarding “disparate impact” discrimination is complex. There is also often a disconnect between what the law says, what OFCCP does and practical compliance. This presentation will provide a history of the disparate impact theory, an overview of the legal framework, and analysis of OFCCP’s current enforcement approach. 

speaker-1

Brian Barger

2:30 PM - 3:45 PM

Workshop 5

Workplace Mental Health: Moving from Research to Practice
William Erickson, Ellice Switzer (Cornell University), Louis Orslene (ODEP), Lori Golden (EY)

The pandemic has led to an array of challenges including high levels of depression and anxiety.  Employers play a critical role in supporting employees navigating mental health challenges. In this panel presentation, attendees will become familiar with national data documenting the extent of mental health impacts on employees; how employers and EAPs address the mental health challenges presented by the pandemic; and online resources to help address workplace mental health issues. 

speaker-1

William Erickson

speaker-2

Ellice Switzer

speaker-3

Louis Orslene

speaker-4

Lori Golden

4:00 PM– 5:00 PM

Plenary Session: ‘Root Causes’ – What are They, How do We Find Them, How do We Fix Them?

Mickey Silberman, Krystal Welland (Silberman Law PC)

Employers have embraced the need to address pay equity issues and have enhanced their commitment to DE&I. But most employers keep these two important initiatives separate. Yet many of the “root causes” for the persistent pay gap are also root causes for continuing diversity deficiencies. Join us as we uncover overlapping pay gap and diversity deficiency root causes and how to find them and fix them.  

speaker-1

Mickey Silberman

speaker-2

Krystal Welland

6:00 PM

Bus departs from hotel

6:30 PM

Boat departs for Thompson Island

7:00 PM - 10:00 PM

Gala – Thompson Island

7:00 AM – 12:00 PM

Registration/Hospitality Desk

7:00 AM - 8:00 AM

Breakfast

8:00 AM – 8:30 AM

Plenary Session: U.S. Department of Labor Office of Disability Employment Policy

Taryn Williams, Assistant Secretary, ODEP

speaker-1

Taryn Williams

8:30 AM – 9:00 AM

Plenary Session: DOL Keynote Address

Marty Walsh, Secretary of Labor (Invited)

9:00 AM – 10:00 AM

PLENARY SESSION: OFCCP Regional Director Panel

10:00 AM – 11:00 AM

Plenary Session: Thompson Island: A Model for Developing Tomorrow’s Talent

11:05 AM – 11:15 AM

Break

11:15 AM – 12:15 AM

Plenary Session: NILG Advisory Council: Thoughts on Compliance, Social Equity and the 2022 Conference

Matthew Carmadella (Jackson Lewis), Inderdeep Chatrath (Duke-Ret), Valentin Estevez (Charles River Associates, Inc.), Vicki Lipnic (Resolution Economics), Moderator: Paul McGovern (Praxis Compliance) 

The NILG Advisory Council is comprised of subject matter experts who provide input to the NILG Board on regulatory matters of importance to federal contractors.  Advisory Council members will share their impression of Conference high points, best practices for being a “Beacon for Change”, and the state of Agency/federal contractor relations. 

speaker-1

Matthew Camardella

speaker-2

Inderdeep Chatrath, Ph.D.

speaker-3

Valentín Estévez, Ph.D.

speaker-4

Victoria Lipnic

speaker-5

Paul McGovern

12:15 PM – 12:30 PM

Final Thoughts & Close of Conference