[Webinar] Analytics, AI, and More: Unpacking California’s FEHA Amendments

The State of California has approved sweeping new changes to existing regulations implementing its Fair Employment and Housing Act (FEHA). While targeted at an employer’s use of automated-decision systems and selection criteria, these amendments reinforce much broader equal employment opportunity (EEO) compliance obligations and offer a potential affirmative defense for employers who engage in proactive EEO analytics and measures.

In this webinar, we break down the amendments in more detail and address the implications for employers, including the following:

• Requirement to solicit and maintain the race, sex, and ethnicity status of applicants
• Broadening of employment discrimination standards to cover all automated employment decisions including artificial intelligence, qualification standards, and employment tests
• Discussion of selection criteria that may be considered a “proxy” for protected status
• A possible affirmative defense for those employers who have conducted proactive workforce analytics
• Codification of the Uniform Guidelines on Employee Selection Procedures
• Codification of EEO-1-type employment demographic reporting requirements
• Expanding coverage to expressly include employment agencies

In light of federal agency guidance that appears to drive in the opposite direction, this is an important webinar for all employers, within California and beyond.

Speakers:

David Cohen, M.S., Founder, President

Eric Dunleavy, Ph.D., Vice President of Employment & Litigation Services

Felicia Davis, J.D., Partner, Employment Law Department, Paul Hastings

Sara Tomezsko, J.D., Partner, Employment Law Department, Paul Hastings