Artificial Intelligence, Employers and AEDT

Date: Aug 17, 2023 9:00 a.m. – 11:00 a.m.

Location: Online

Member Price: $140

Non-Member Price: $175

Section Price: $131

Event Code: I132123

Areas of Law: Labor & Employment

Earn up to 2.4 credits! (More Information)

Faculty

Keynote

Moderator

Robert T. Szyba, Esq.
Seyfarth Shaw, New York
is a Partner in the Labor & Employment Department of Seyfarth Shaw LLP in New York City, where he defends and counsels employers in a wide range of employment-related issues, including background check and Fair Credit Reporting Act violations, “ban the box” issues, prevailing wage requirements, wage and hour compliance, whistleblower retaliation, family and medical leave compliance and interference/retaliation claims, paid sick leave, and discrimination/harassment. He also advises clients on preventive employment counseling, pre-litigation strategy and litigation avoidance, alternate dispute resolution and mandatory arbitration programs, and employment policies and procedures.

Admitted to practice in the state and federal courts of New Jersey and New York, Mr. Szyba serves on the Executive Committee of the Labor & Employment Law Section of the New Jersey State Bar Association. He has been Co-Chair of the Ethics & Professional Responsibility Subcommittee of the American Bar Association Labor & Employment Law Section’s Employment Rights & Responsibilities Committee.

Mr. Szyba has served on the Alumni Advisory Board of the Hofstra Labor & Employment Law Journal and as a member of the Sidney Reitman Employment Law American Inn of Court. He is a former Editor-in-Chief of the New Jersey State Bar Association’s New Jersey Labor & Employment Law Quarterly and has lectured for ICLE, NELA-NJ, the American and New York State Bar Associations, and other organizations.

Mr. Szyba received his undergraduate degree, cum laude, from Berklee College of Music and his J.D., cum laude, from Hofstra University School of Law, where he was Editor-in-Chief of the Hofstra Labor & Employment Law Journal and a member of Hofstra’s Moot Court Association.
(8/23)

Presenters

Senator Andrew Zwicker
is a physicist and member of the New Jersey Senate, where he represents Central New Jersey's 16th Legislative District, and has a district office in Hillsborough, New Jersey. His legislative focus includes the role of R&D as an economic driver, addressing global warming and voting rights, among other concerns.

Senator Zwicker serves on the Budget and Appropriations, Higher Education, Labor, and Military and Veterans' Affairs Committees; and is a member of the Manufacturing Caucus, the Disability Caucus and the New Jersey Commission on Science, Innovation, and Technology. Former Vice-Chair of the New Jersey Biotechnology Task Force, he served in the New Jersey General Assembly from 2016 – 2021, where he was Chair of the Science, Innovation and Technology Committee.

Senator Zwicker is head of Communications and Public Outreach at Princeton University’s Plasma Physics Laboratory, a world leader in developing an advanced form of energy known as fusion. He has taught classes in bioethics and writing, and led plasma physics workshops for faculty and students. The American Association of Physics Teachers named him as one of the 75 leading contributors to physics education in the United States.

Senator Zwicker received his undergraduate degree from Bard College and his Masters degree and Ph.D. in Physics from Johns Hopkins University.
(8/23)
Assemblywoman Sadaf Jaffer
with offices in Princeton, New Jersey, represents New Jersey's 16th Legislative District in the New Jersey Assembly. With 15+ years of public engagement, higher education and government expertise, she is dedicated to public service with a focus on mobilizing diverse stakeholders to address the needs of women, minorities and economically under-resourced communities. She has championed increased funding for 9-1-1 call centers, teen suicide prevention programming and translation services.

Assemblywoman Jaffer’s legislative accomplishments include the New Jersey Child Tax Credit and laws on election integrity, transportation, reproductive healthcare, and gun safety. She bolstered representation for women and minorities in politics as the first Asian-American woman (with Ellen Park and Shama Haider) and the first Muslim-American (with Shama Haider) to serve in the New Jersey Legislature. Prior to joining the NJ legislature, Assemblywoman Jaffer served two terms as Mayor of Montgomery Township. In January of 2019, she shattered glass ceilings as the first South Asian American woman to serve as mayor in New Jersey and the first Muslim woman Mayor of a municipality in the United States.

Assemblywoman Jaffer is also a researcher and lecturer at Princeton University, where she teaches courses on South Asian, Islamic and Asian-American Studies. Her research focuses on secular and feminist thought in Muslim contexts. Assemblywoman Jaffer’s articles have appeared in the Journal of Women’s History, Foreign Policy Research Institute, Huffington Post, Altmuslimah and American Kahani. She also serves on numerous boards and commissions including those for the NJ Council for the Humanities, Oxfam America and the Princeton University Art Museum.

Assemblywoman Jaffer received her undergraduate degree from Georgetown University and her Ph.D. in Near Eastern Languages and Civilizations from Harvard University.
(8/23)
Joseph O'Keefe, Esq.
Proskauer Rose LLP, Newark
is a Partner in the Labor & Employment Law Department of Proskauer Rose LLP in New York City, and Co-Head of the firm’s Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has litigated employment disputes of all types on behalf of employers, before federal and state courts, arbitral tribunals (e.g. FINRA and AAA), and state and federal administrative agencies throughout the U.S. Mr. O’Keefe has also litigated employment-related lawsuits alleging breach of non-compete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblowing, wage and hour violations, Title IX violations, breach of contract, defamation, fraud and other business-related torts. He also represents clients in complex class and collective litigation, including alleged violations of state and federal pay equity laws, violations of wage and hour laws and discrimination claims.

Mr. O’Keefe is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey, the Southern and Eastern Districts of New York, and the Eastern District of Michigan; and the Second and Third Circuit Courts of Appeals. He is a member of the American, New Jersey State and Essex County Bar Associations.

A frequent author on developments in the law, Mr. O’Keefe lectures at seminars concerning legal developments in the labor and employment law field. He is the recipient of several honors.

Mr. O’Keefe received his B.A. from College of the Holy Cross and his J.D., with honors, from the George Washington University National Law Center, where he was a member of the George Washington Journal of International Law.
(8/23)
Rachel V. See, Esq.
is Senior Counsel at Seyfarth Shaw in Washington, D.C. She has spent her career at the intersection of law, technology, and policy, and provides clients with the tools and insights they need to navigate AI risk management, governance and regulatory compliance issues, both within the employment space and in other industries and applications.

Ms. See is admitted to practice in Ohio. She has more than 12 years of experience in the federal government, where she led enforcement, policy and digital transformation initiatives. Prior to joining the firm, Ms. See 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 HR professionals regarding the applicability of civil rights laws to AI and other technologies. She also served as the EEOC's acting executive officer, a special assistant to the EEOC Chair and as the EEOC's assistant general counsel for Technology; as well as the branch chief of E-Litigation at the National Labor Relations Board. She is the recipient of several honors.

Ms. See received her B.A. from Yale University and her J.D. from Duke University School of Law.
(8/23)
Edward Young, Esq.
is a senior counsel in the Labor & Employment Law Department of Proskauer Rose LLP in Chicago, Illinois, and a member of the Restrictive Covenants & Trade Secrets; Discrimination, Harassment & Title VII; and Whistleblowing & Retaliation Practice Groups. He represents employers in all aspects of employment law, with a concentration on litigating complex employment disputes of all types before federal and state courts throughout the country, the U.S. Equal Employment Opportunity Commission, state and local human rights commissions and arbitral tribunals. He has successfully litigated employment-related disputes alleging breach of non-compete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblower retaliation, wage and hour violations, including employee misclassification claims, breach of contract, defamation, fraud and other business-related torts.

A member of the American and Illinois Bar Associations, Mr. Young is admitted to practice in Illinois and before the United States District Court for the Districts of Northern and Central Illinois, the Eastern District of Michigan and the Eastern District of Wisconsin; and the First, Second and Seventh Circuit Courts of Appeal. He is also a member of the Firm’s Pro-Bono Committee and a three-time recipient of the Firm’s “Golden Gavel” award for his significant pro bono contributions. Mr. Young maintains an active pro bono practice, including on-going representation of a certified class of approximately 65,000 visually-disabled Chicagoans in litigation challenging the City’s lack of accessible pedestrian crosswalks. He regularly writes and speaks on cutting-edge legal issues, including the use of Artificial Intelligence in the workplace, and legal issues arising from the collection and use of employee biometric information.

Mr. Young received his B.A. from the University of Illinois at Urbana-Champaign, his M.S. in Human Resources and Industrial Relations from Loyola University Chicago, and his J.D., cum laude, from Loyola University Chicago School of Law, where he was Staff Editor of the Annals of Health Law and the recipient of several other honors.
(8/23)

Employers strive to create a diverse and inclusive workforce. With the increased prevalence of Artificial Intelligence and advancements in technology, some employers use Automated Employment Decision Tools (AEDT) such as data analytics, artificial intelligence, and statistical modeling to reduce or eliminate bias in hiring and retention. However, employers may be achieving the opposite of the desired result. Automated Employment Decision Tools may be reaffirming certain biases and unknowingly reproducing them through an artificial process which is being marketed as being bias-free but isn’t really so.

New York City has passed a law to regulate automated decision tools requiring them to be independently audited for bias. New Jersey has introduced a similar bill. It is introduced in the General Assembly as A4909 and in the Senate as S1926 requiring bias auditing of the tools and for said tools to be subject to statutory requirements.

Join this intriguing seminar to learn from experienced attorneys, and legislators to hear of the impact of these tools, how the bills will regulate them, and where the future of this technology seems to be going.

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.4 hours of total CLE credit (Full Credits Available: NJ General: 2.4).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 2.0
PA CLE:PA Substantive Credit: 2.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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