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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, May 21, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide employment practitioners through the EEOC's Strategic Enforcement Plan Fiscal Years 2024-2028 and the areas of agency focus and enforcement activity, including the use of technology and AI in the workplace and its potential discriminatory impact, so that counsel may help their clients identify potential risk exposure in those areas and create compliance strategies.

Faculty

Emily M. Lamm
Attorney
Gibson, Dunn & Crutcher LLP

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial expertise advising companies on regulatory compliance with the legal and policy developments surrounding AI and other emerging technologies across the employment lifecycle. Leveraging her deep knowledge of rapidly evolving AI-related frameworks, Ms. Lamm helps companies develop a strategic and practical approach to crafting and implementing policies, processes, and legal risk mitigation strategies. She has advised developers and deployers regarding compliance with New York City’s Local Law 144, the Illinois AI Video Interview Act, the California Consumer Privacy Act), and other federal, state, and international data protection and employment laws. Ms. Lamm is a thought leader in this space, regularly speaking and writing on AI issues in employment. She also has extensive experience assisting clients in drafting employee handbooks and policies, conducting compliance audits and workplace investigations, navigating state and federal agency investigations, and advising clients on a variety of employment-related issues, including pay equity and DEI initiatives.

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Gerald L. Maatman
Partner, Chair Class Action Defense Group
Duane Morris LLP.

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.

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Description

In its most recent Strategic Enforcement Plan, the EEOC identified six key areas of employment practices on which it will be focusing enforcement activity for the fiscal years 2024-2028. Counsel should be aware of the EEOC's investigative priorities to help their clients identify potential risk exposure in those areas and develop compliance strategies to mitigate risk.

Not surprisingly, much of the EEOC's attention will be on the use of technology in the workplace, including AI, and its potentially discriminatory impact. In the key area of eliminating barriers in recruitment and hiring, the EEOC states its focus will include: (1) the use of technology to target job advertisements, recruit applicants, or make hiring decisions where such technology excludes or impacts protected groups; (2) reliance on restrictive application processes including online systems that are difficult for individuals with disabilities to access; and (3) the use of screening tools, including AI, that disproportionately impact workers on a protected basis.

Other key areas on which the agency will focus include advancing equal pay for all workers, protecting vulnerable workers from underserved communities from employment discrimination, and preserving access to the legal system by eliminating overly broad waivers, releases, and nondisclosure agreements and unlawful arbitration provisions.

Listen as our expert panel guides employment practitioners through the EEOC's Strategic Enforcement Plan Fiscal Years 2024-2028. The panel will discuss key areas on which the agency will be focusing enforcement activity so that counsel can best advise their employer clients on policy and procedural developments that will maintain compliance and mitigate risk.

Outline

  1. Introduction
  2. EEOC subject matter priorities
    1. Eliminating barriers in recruitment and hiring
      1. Technology/AI
      2. Policies and practices
    2. Protecting vulnerable workers and persons from underserved communities
    3. Addressing selected emerging and developing issues
      1. Qualification standards and policies that discriminate against individuals with disabilities
      2. Protecting workers affected by pregnancy, childbirth, or related medical conditions
      3. Addressing discrimination influenced by or arising as backlash in response to local, national, or global events
    4. Advancing equal pay for all workers
    5. Preserving access to the legal system
      1. Overly broad waivers, releases, NDAs
      2. Unlawful arbitration provisions
    6. Preventing and remedying systemic harassment
  3. Best practices for compliance to mitigate risk

Benefits

The panel will review these and other key issues:

  • On what areas of workplace technology will the agency focus?
  • What areas of agency focus will affect employment agreements?
  • How will the agency's focus on equal pay for all workers impact employer wage practices?
  • How should counsel use the EEOC's strategic enforcement plan to help employer clients identify risk exposure and create compliance strategies?