Employers of all sizes in virtually every industry should prepare for a new human resources world dominated by data sets, analytics and statistical correlations—from the selection and hiring process, through performance management and promotion decisions, and up to and beyond the time termination decisions are made. Big data enables employers to analyze every aspect of every decision without worrying about a need to rely only on a partial sample, and big data allows employers to find (or, in some cases, to disprove) correlations between characteristics and outcomes that may or may not seem to be connected. As a result, employers need to be able to understand what data analytics means beyond just reducing the risks of traditional discrimination claims without giving rise to new varieties of such claims. Whether addressing the laws that govern the gathering and storage of information about candidates and employees, reviewing the tests used to determine whether illegal discrimination has occurred, or examining the ways in which parties manage data in litigation, employers need to know and understand the interplay between big data and the human resources laws that dictate what can and cannot be done. The challenge for employers is to find a way to embrace the strengths of big data without losing sight of their own business goals and culture amidst potential legal risks. In this session, you will:
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Zev Eigen
global director, Data Analytics
Littler Mendelson, P.C.
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As Littler’s global director of data analytics, Dr. Zev J. Eigen guides HR departments to strategically tap employee and applicant information when making business-critical decisions. He combines a data scientist’s mindset with a shrewd knowledge of labor and employment law in the delivery of precise and practical workplace-related counseling. A frequent speaker on machine learning algorithms and statistical analysis, Zev has been quoted in The Wall Street Journal, The New York Times and Forbes and by NBC, CBS and Fox, among others. He has taught at a number of universities, including Northwestern School of Law, Yale Law School and Kellogg School of Management.
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Marko Mrkonich
shareholder
Littler Mendelson, P.C.
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Marko Mrkonich is a Shareholder in Littler’s Minneapolis office. He focuses his practice on discrimination and other employment litigation, client counseling, and traditional labor law issues. Marko routinely counsels clients on the proper handling of terminations, discipline decisions, leaves of absence and all aspects of personnel management. He devotes extensive efforts to training and education and frequently speaks on a wide variety of employment topics, including the topic of big data and how it is changing the employment landscape. Previously Littler's president and managing director, Marko is a founding member of the Minneapolis office where he formerly held the position of office managing shareholder.
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Corinn Jackson, J.D.
knowledge management counsel
Littler Mendelson, P.C.
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Corinn Jackson is a Knowledge Management Counsel in the Los Angeles office of Littler Mendelson P.C, where she creates and manages legal and electronic resources to assist in counseling employers in all areas of labor and employment law. Corinn is particularly focused on the use of Big Data in employment practices, and she is currently a member of Littler’s Big Data initiative and its efforts to help develop policies around the use of Big Data. She is a primary co-author of the Littler Report on Big Data, The Big Move Toward Big Data in Employment (August 2015).