Artificial intelligence has taken the world of work by storm, offering unprecedented efficiencies and applications. As many organizations strive to harness AI’s potential, many encounter challenges in aligning its use with their strategic goals. While federal regulations around AI are still under consideration, state legislatures have moved ahead, implementing laws aimed at curbing AI-driven discrimination. Despite their intent, these state-level regulations have introduced significant compliance burdens and legal risks for employers. This session will examine the shifting regulatory landscape, assess its impact on business operations, and discuss practical strategies for navigating and mitigating these risks.
Learning Outcomes:
Understand the current legal landscape surrounding AI implementation in HR.
Look to the states and what is on the horizon to build out policies and procedures to better assist organizations create lasting policies and procedures
Identify best practices for ensuring compliance and addressing ethical concerns.
Develop strategic plans to utilize AI for enhancing HR processes and decision-making.
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Jone McFadden Papinchock, Ph.D.
Director of Litigation Services
DCI Consulting
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Jone McFadden Papinchock, Ph.D., is the Director of Litigation Services for DCI Consulting. The Litigation Services area provides consulting and testifying expert witness services for class action lawsuits alleging gender, age, disability, or race discrimination in employee selection. Jone is consulting on active matters regarding the use of artificial intelligence in tests and other human resources decision making processes. She is regularly called upon to describe for vendors and employers the current regulatory climate as it relates to their use of artificial intelligence in recruiting and selection and the steps necessary to ensure compliance with guidance from both the United States Equal Employment Opportunity Commission and the Department of Labor Office of Federal Contract Compliance Programs. Further, she advises clients regarding local and state laws and initiatives to assist them in preparing for the implementation and administration of such laws. Jone was recently asked to present to attorneys in Denver on the Colorado AI Act and the ways in which their clients can ensure compliance with the facets of that law which appear to be the most comprehensive to date. Her work requires in-depth knowledge and application of job analysis, test development and validation, and related human resources policies and procedures.
In her role, Jone applies 40 years of experience as an Industrial and Organizational Psychologist that she has gained from positions in city, state, and federal agencies as well as internal and external consulting in private sector organizations. While working for the federal government, Jone co-led the team of psychologists charged with developing the Office of Personnel Management’s first online selection batteries for the 12 highest volume occupations to be used across agencies.
Jone received her Master of Arts and Doctor of Philosophy degrees in Industrial and Organizational Psychology from the University of South Florida. She earned her Bachelor of Science degree in Psychology from the College of Charleston. Jone has written or co-written two book chapters on the influence of the Americans with Disabilities Act on selection as well as the role of Daubert in human factors litigation, and development of selection systems.
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Mike Childers
Senior Corporate Counsel
Amazon
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Mike is a Senior Corporate Counsel with Amazon. He's been with the company for about three and a half years and before going in-house, had the privilege of practicing employment law at Seyfarth Shaw and Littler Mendelson. Mike day to day focuses on a mix of traditional employment law, data privacy, government contracting, and, increasingly, artificial intelligence and machine learning. Outside of work he enjoys reading, coding, and traveling.
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Nicholas Truxal
Manager of Organization & People Analytics
Andersen Corporation
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Nick Truxal is establishing Andersen Corporation’s first Organization & People Analytics team. Prior to Andersen, he served as EEOC Commissioner Sonderling’s Chief Advisor on Human Resources and Technology Policy, where he specialized in artificial intelligence in the employment sphere.
Prior to his work with the EEOC, he acted as an consultant on artificial intelligence in human resesources, working with HR Transformation, People Analytics, Talent, and Legal teams. Nick Truxal has previously worked in the financial services, technology, and educational sectors.
Nick Truxal received his B.S. from the North Dakota State University, an M.A. from National University, and an M.S. from New York University.
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Rachel See
Senior Counsel
Seyfarth Shaw’s Labor & Employment Department
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Rachel See is a Senior Counsel in Seyfarth Shaw’s Labor & Employment Department, based in its Washington, DC office. She focuses her practice on AI risk management, regulatory compliance, and governance issues.
Rachel returned to private practice after spending more than a dozen years in public service in the federal government. She previously served as an EEOC Commissioner’s Senior Counsel for AI and Algorithmic Bias, leading initiatives emphasizing the applicability of employment discrimination laws to the use of artificial intelligence and working to educate lawyers and human resources professionals regarding the applicability of civil rights laws to AI and other technologies. Her previous roles at the EEOC included being the EEOC's Acting Executive Officer, a Special Assistant to the EEOC Chair, and the EEOC's Assistant General Counsel for Technology.
Rachel received her undergraduate degree from Yale University and her law degree from the Duke University School of Law. She is admitted to practice law in Ohio. An accomplished classical musician, she regularly performs with the Symphony of the Potomac in Silver Spring, Maryland, the Washington Metropolitan Gamer Symphony Orchestra, and other ensembles in the Washington DC metropolitan area.