Michelle Duncan
Michelle Duncan is a Principal in the Denver office of Jackson Lewis P.C. Michelle is a seasoned professional who represents employers in affirmative action and employment discrimination matters before OFCCP. She counsels employers on the design and implementation of company-wide AAP structures, applicant tracking systems, pre-employment tests, the use of AI and other real-world compliance issues. Michelle is Co-Chair of the Colorado ILG, on the faculty of The Institute for Workplace Equality and the American Association for Access Equity and Diversity. She is a frequent speaker on topics related to affirmative action, employment discrimination and the use of AI in hiring. Michelle is the Co-Chair of the Colorado ILG. Lisa is an active member and frequent presenter at the Colorado ILG. In 2023, Michelle presented two sessions at the NILG National Conference: “The Internet Applicant Rule and Beyond: Data Refinement Strategies” and “Recommendations from an Artificial Intelligence Technical Advisory Committee.” Over the years, Michelle has presented at many local ILG events including sessions for: Northern California ILG, Arizona ILG, Washington Metro ILG, Baltimore ILG, San Antonio ILG, North Texas ILG, Midlands ILG, Indiana ILG, South Carolina ILG , Greater Houston ILG .
Monday, July 29
Workshop 2
OFCCP Audit Debacles: Top 10 List of Common Pitfalls and Strategies to Avoid Them
Michelle Duncan and Lisa Marsh, Jackson Lewis P.C.
The OFCCP audit landscape is evolving, with a new scheduling letter demanding a myriad of new data and documents, no extensions, and the Agency’s new Pre-Enforcement and Conciliation Procedures regulations. Join us for this interactive presentation to learn:
- How to avoid common pitfalls;
- How to approach the new requirements in OFCCP’s scheduling letter; and
- How to set your organization up for success in an OFCCP audit.
Tuesday, July 30
Workshop 4
The Uniform Guidelines on Trial: Can They Meet the Challenge of Evaluating Artificial Intelligence?
Vicki Lipnik, Resolution Economics; Eric Dunleavy, DCI Consulting Group, Inc.; Michelle Duncan, Jackson Lewis P.C.
Artificial intelligence (AI) use in employment decision making continues to be a consequential and controversial topic, particularly for federal contractors attempting to comply with a patchwork of changing federal, state and local laws. Federal agencies have endorsed the Uniform Guidelines (1978) framework as adequate, so far. But are those guidelines enough to effectively regulate tools that leverage artificial intelligence? This panel of nationally known experts will debate that issue, focusing on the following learning objectives:
- Describe where the Guidelines seem particularly useful and where they may be limited
- Explain how other state and local frameworks offer novel approaches
- Provide practical recommendations for complying with the patchwork of regulations
- Summarize expectations for how the regulatory framework will change in response to the October 2023 Biden Administration Executive Order on AI
