Sessions

Repeated Wednesday at 11:30 a.m.

Companies can use data analytics to examine behaviors and preferences not always associated with job duties to determine potential efficiency and productiveness in the workplace. What are the FCRA risks when an employer, or its data analytics vendor, gathers information about applicants and makes hiring decisions based on that data? How will the EEOC's traditional adverse impact analysis deal with a world in which hiring, promotion, and termination decisions are made through data analytics? What are the privacy implications of receiving information from analytics companies examining the online behavior of applicants and employees? Can using Big Data provide a correlation sufficient to be a legitimate, nondiscriminatory reason for an employment action? This session will explore these and other issues including:

• How working to replace weak proxy inputs with stronger data that more directly measures likely outcomes will reduce lurking bias, and reduce the likelihood of risk.  
• How companies should attempt to incorporate analytics into decision-making to augment and inform processes. 
• How companies should consider legal risks before they materialize and evaluate the legal issues associated with data analytics in an attorney-client privileged setting whenever possible.