40th Annual AZilg Conference

FEDERAL CONTRACTORS -

HOW WELL ARE YOU

“NAVIGATING”

THRU THE NEW REGS?

N O B E M B E R 1 2 - 1 3 , 2 0 1 5

Welcome Letter

November 12 -13, 2015 Dear Conference Attendees:

On behalf of the Arizona Industry Liaison Group (AZilg) Board Officers and Directors, as well as the Conference Planning Committee, it is my great pleasure to welcome you to the 40th Annual AZilg Conference.

Attendees will hear from experts of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), as well as nationally recognized speakers. There will be relevant and timely topics that will highlight our conference theme ‘Federal Contractors – How Well Are You Navigating Thru the New Regs?’

The program for this year’s conference has been carefully planned to offer attendees a wide range of topics on the latest developments, including regulations in EEO, Affirmative Action (e.g., VEVRRA and 503) and strategies for addressing the growing population of veterans and individuals with disabilities, as well as OFCCP and compliance matters.

As EEO/AA practitioners and executives, we are confronted with a variety of ever-changing issues within the workplace that require unique solutions. We want to provide a venue for attendees to openly discuss the complex issues that we all face and embrace the opportunities that lie ahead.

I hope that you will enjoy the conference and that your interaction and networking with your EEO/AA colleagues, from many different organizations and industries, will stimulate a creative exchange of best practices and will be personally and professionally rewarding.

Sincerely,

Gail S Weidman Gail S Weidman, SPHR, SHRM-SCP, President AZilg

Maria Sandoval Maria Sandoval, PHR, Vice-President AZilg & Conference Chair

Gail S Weidman, SPHR, SHRM-SCP

Senior HR Compliance Specialist, EEO/AA Medtronic

Gail S. Weidman is a Senior HR Compliance Specialist EEO/AA for Medtronic and is located in Arizona. As a global leader in medical technology, services and solutions, Medtronic improves the health and lives of millions of people each year. We believe our deep clinical, therapeutic and economic expertise can help address the complex challenges — such as rising costs, aging populations and the burden of chronic disease — faced by families and healthcare systems today. But no one can do it alone. That’s why we’re committed to partnering in new ways and developing powerful solutions that deliver better patient outcomes. Founded in 1949 as a medical repair company, we're now among the world's largest medical technology, services and solutions companies, employing more than 85,000 people worldwide, serving physicians, hospitals and patients in nearly 160 countries. Ms. Weidman has over 20 years of experience in the human resources field with an extensive background in equal employment opportunity / affirmative action (EEO/AA) compliance. Her previous HR experience includes talent acquisition, employee relations, HRIS, compensation, and diversity in various industries including aerospace/defense, postsecondary higher education, utilities, blood banking, and pharmaceutical. Her responsibilities at Medtronic include, but are not limited to, developing, managing, and overseeing the annual Affirmative Action Plans to support assigned business groups. Additionally, she conducts internal risk assessments and provides guidance to HR and business leaders on actions to support EEO/AA outcomes using data analysis. Ms. Weidman currently serves on a non-profit board as President of the Arizona Industry Liaison Group (formerly, Arizona Affirmative Action Association) where she has held previous positions as Vice President, Treasurer, and Recording Secretary. She has also served on the Arizona SHRM State Council as Treasurer as well as Deputy Director of Awards & Recognition. She has also been actively involved in conference planning for the National Industry Liaison Group (NILG) and previously held lead positions as logistics and registration chair for the 2006, 2010, and 2012 NILG national conferences. She is also a member of the national Society of Human Resources Management. She holds a Bachelor’s of Science degree in Global Business Management and Leadership from Arizona State University and a Masters of Management degree in Human Resources Management (MM/HRM) from the University of Phoenix. She is also a certified Senior Professional in Human Resources (SPHR) from HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP) from the Society of HR Management, and most recently, she received an Advanced Certificate in Strategic HR Management from Cornell University.

40th Annual AZilg Conference

November 12 - 13, 2015

The Black Canyon Conference Center 9440 N. 25th Avenue - Phoenix, AZ 85021

Theme: Federal Contractors - How Well Are You “Navigating” thru The New Regs?

Thursday - November 12, 2015: Pre-Conference (subject to change)

Start End Topic Presenter(s)

Noon 1:00pm Registration & Exhibitor / Community Agency Networking AZilg

1:00pm 1:00pm Welcoming Remarks Gail Weidman, AZilg President

1:00pm 1:30pm Equal Employment Opportunity Commission at 50: “Navigating Thru New & Proposed Regs”

Mary Jo O’Neill, Regional Attorney EEOC Phoenix District Office

1:30pm 1:45pm BREAK- Exhibitor & Community Based Agency Networking

1:45pm 3:00pm

EEO Cross-Fit: Understanding the Metrics within Your Organizations AAP Two of the primary metrics included in an AAP are comparisons of incumbency to availability, and disparity analyses. However, when was the last time you really thought about each of these analyses? Do you have the best job groups? Are you using the right/best census data? Labor area(s)? Factor weights? What about disparity analyses . . . do analyses accurately reflect reality (i.e., how decisions were actually made), or are you simply combining all applicants and hires for a given job group into a single analysis? This presentation is based on the popular BCGI National ILG pre-conference session, and is designed for the new AAP developer as well as the seasoned veteran who is interested in brainstorming ways to improve the accuracy of their plan metrics.

Patrick M. Nooren, Ph.D, EVP Biddle Consulting Group Folsom, California Cassie Verdon, PHR, Consultant Biddle Consulting Group

3:00pm 4:15pm

Executive Orders Everywhere: What’s Up with These? A rash of new executive orders have come out of the White House in the last two years, promising many changes for federal contractors and subcontractors. OFCCP has followed suit, issuing directives and proposals to implement or complement the Executive Orders. All of these new obligations raise significant legal and practical compliance issues for contractors and subcontractors. This session will discuss OFCCP’s proposed Equal Pay Report, new rules on minimum wages, pay transparency, LGBT issues, paid sick leave, and other requirements, as well as best practices for compliance.

Leigh M. Nason, Shareholder Ogletree Deakins Firm Columbia, South Carolina

4:15pm 4:30pm Closing Gail Weidman

NETWORKING PARTY- AFTER PROGRAM AT SHERATON SUITE- 8TH FLOOR (under: AZILG) ALL CONFERENCE ATTENDEES, SPEAKERS AND EXHIBITORS ARE INVITED

5:00 PM TO 8:00 PM

40th Annual AZilg Conference

November 12 - 13, 2015

The Black Canyon Conference Center 9440 N. 25th Avenue - Phoenix, AZ 85021

Theme: Federal Contractors - How Well Are You “Navigating” thru The New Regs?

Friday, November 13, 2015: Conference (subject to change)

Start End Topic Presenter(s)

7:00am 8:00am Registration & Exhibitor / Community Agency Networking

AZilg

8:00am 8:05am Welcoming Remarks Gail Weidman, AZilg President

8:05am 9:15am

Debunking the Myths: Surrounding Recent OFCCP Compliance Issues Please join Candee Chambers, DirectEmployers Association VP Compliance & Partnerships, as she reviews what the OFCCP regulations actually require as opposed to the many inaccuracies that we hear about every day in the contractor community. Pursuant to identifying those inaccuracies, she will provide guidance to contractors to assist them in meeting their regulatory obligations in order to remain compliant within their Affirmative Action programs.

Candee Chambers. V.P. Compliance & Partnerships Direct Employers Association Indianapolis, Indiana

9:15am 9:45am BREAK- Exhibitor & Community Based Agency Networking

ALL

9:45am 11:15am Compensation What Contractors Should/Not Do in Light of OFCCP’s New Audit procedures – Separating the Reality from Vendor Sales Myths.

John Fox, President Fox, Wang & Morgan P.C. San Francisco, California

11:15am 12:00pm

OFCCP -“Happy Birthday” Executive Order 11246 - 50

th Anniversary Year

Marvin Jordan, District Director OFCCP Phoenix/Las Vegas District Office

12:00pm 12:30pm BREAK – Lunch Buffet

12:30am 2:00pm LUNCH - Keynote Speaker & JAG Awards Presentation Jason Schecthterle “Burning Shield”

2:00pm 3:00pm

Successful Contractor Audits: In Light of OFCCP's Strategies and New Regs Contractors’ employment practices have increasingly become a target for this Administration. Backed by a flurry of new Executive Orders, a directive from President Obama to attack workplace inequality, and armed with an expanded information request, OFCCP is looking for bigger systemic cases of non-compliance and discrimination. Contractors need to be proactive in how they defend themselves and how they respond to increasingly aggressive OFCCP audits. Gary Siniscalco, a former Regional Counsel for EEOC, has advised contractors in hundreds of successful audits and will share some of his insights, strategies and practical tips.

Gary Siniscalco, Senior Legal Counsel ORRICK Law Firm San Francisco, California

3:00pm 4:00pm

Trans Etiquette for Non-Trans People - “Let’s talk” Please join a discussion with Kaydee Helm! Transgender employees are in every industry and every profession, whether you realize it or not. As our national conversation has recently opened to the topic, and more people are beginning gender transition openly, non-transgender (known as cisgender) employees often don't know how to interact with their trans colleagues. They are unfamiliar with terminology associated with being transgender and are unsure of how to be culturally sensitive on the topic. This informal discussion, moderated by Eliana Morrison, a local Human Rights Campaign Steering Committee member, will provide terminology, information, and tips to help non-transgender people support their trans colleagues. Hint: Transgender etiquette is the same as the good manners you already know.

Eliana Morrison, HRC, Moderator Discussion with: Kaydee Helm, Pearson, Inc. Phoenix, Arizona

4:00pm 4:15pm Exhibitor & Community Based Agency Summation Session

Moderator: John Garza

4:15pm 4:30pm Raffle /Closing Remarks Gail Weidman

MARY JO O’NEILL Regional Attorney – Phoenix Office U.S. Equal Employment Opportunity Commission

Mary Jo O’Neill is the Regional Attorney for the Phoenix District Office of the Equal Employment Opportunity Commission which includes Arizona, Utah, New Mexico, Colorado, and Wyoming. She currently manages a legal staff of 25 employees, litigates employment discrimination cases in federal court in the five states she has responsibility for, advises her enforcement colleagues, and is a frequent trainer/speaker for the EEOC, bar associations, employer groups, and community organizations. Ms. O’Neill graduated Phi Beta Kappa and summa cum laude from the University of Arizona with a B.A. in political science and women’s studies in 1976. Following graduation cum laude from the University of Arizona law school in 1979, she clerked for an appellate judge for a year and then represented indigent Native Americans individually and in groups at the Urban Indian Law Project, first as a Reginald Heber Fellow. She is a past chair of the labor section of the Arizona State Bar Association. In 1986, Ms. O’Neill began her work at the EEOC as a trial attorney, then as a supervisory trial attorney, until she was selected as the Regional Attorney in 2002. While at the EEOC, she has been lead counsel on jury trials and has negotiated nationwide settlements, including the global settlement of the EEOC’s cases filed against Wal-Mart under the Americans with Disabilities Act.

Patrick Noreen Executive Vice President Biddle Consulting Group, Inc. Patrick is the Executive Vice President of Biddle Consulting Group, Inc., a firm that specializes in the areas of EEO/AA compliance, test validation and development, compensation analysis, litigation support, and software development. Patrick has over 17 years of experience in the EEO/AA industry and has worked with hundreds of clients of all sizes to develop their Affirmative Action Plans and support them during audits. He has conducted training in cities across the nation and has authored numerous articles and software programs in the areas of affirmative action, disparate impact, test validation, compensation analysis, and EEO. Patrick is also the primary author and editor for the book titled,Compensation Analysis: A Practitioner’s Guide to Identifying and Addressing Compensation Disparities. Patrick, his wife, and their two children live in El Dorado Hills, California.

Cassie Verdon, PHR EEO/AA Specialist Cassie has been a member of Biddle Consulting Group, Inc.’s (BCG) enthusiastic team of EEO/AA specialists for the last six years. Not only has she been heavily involved in the development of hundreds of affirmative action plans for clients of various sizes during her time at BCG, but has also successfully supported numerous clients undergoing OFCCP compliance reviews. In addition to her current role as Consultant, Cassie is also the Associate Director of BCGi, BCG’s Institute for Workforce Development, and specializes in training and advancing the knowledge base of human resource professionals in areas such as equal employment opportunity (EEO), OFCCP compliance, affirmative action planning, compensation analysis, and a variety of other human resource topics with a focus on EEO. Cassie currently resides in Sacramento, California.

LEIGH NASON Shareholder Columbia Ogletree Deakins Leigh Nason is a shareholder in the Columbia, South Carolina office of Ogletree, Deakins, Nash, Smoak and Stewart, P.C., and chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group. She currently devotes the majority of her practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Nason has counseled educational, construction, financial, food processing, healthcare and pharmaceutical, transportation, hospitality, manufacturing, and technology employers around the country on the preparation, management, and defense of their affirmative action programs and related matters, including jurisdictional analyses and preventative strategies. Ms. Nason is routinely involved with investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring, compensation, and testing and has extensive experience negotiating and defending allegations of back pay liability and other sanctions imposed by OFCCP. She has also advised employers on compensation analyses and audits, diversity and inclusion metrics and strategies, and EEO-1/VETS-reporting issues. Ms. Nason has litigated numerous discrimination claims before federal and state courts and administrative tribunals. Ms. Nason has been included in The Best Lawyers in America for many years, is listed in Chambers USA as one of the country’s leading attorneys in the affirmative action compliance arena, has been designated as a South Carolina “Super Lawyer” and is AV Rated by Martindale-Hubbell. She has authored and edited numerous publications in the affirmative action compliance area and others, including "Affirmative Action: Overview, "Practical Law Company (2011), “Obligations of Government Contractors,” Labor and Employment Law for South Carolina Lawyers 401 (S.C. Bar 4th ed. 2011); and “Executive Order 11246,” Understanding Employment Discrimination (LEXIS/NEXIS 2008). She is a frequent lecturer in the areas of affirmative action and employment discrimination and has presented nationally on diversity and compliance issues, including OFCCP’s internet applicant regulations and EEO-1 reporting requirements. Ms. Nason is a graduate of Wake Forest University and the University of South Carolina School of Law, and is certified by the South Carolina Supreme Court as a specialist in the area of employment and labor law. She is a member of the South Carolina Industry Liaison Group and the Society for Human Resources Management.

Candee J. Chambers, SPHR, SHRM-SCP, Sr. CAAP VP Compliance & Partnerships DirectEmployers Association

Candee Chambers, SPHR, Sr. CAAP, is the Vice President of Compliance & Partnerships at DirectEmployers Association. Candee leads the Association’s compliance initiatives, oversees the creation of strategic partnerships with a multitude of organizations that allow DirectEmployers membership to share their job opportunities with job seekers, and manages the relationship with the National Association of State Workforce Agencies (NASWA) which includes the joint-initiative, National Labor Exchange (NLx). Candee also provides guidance on compliance matters related to Affirmative Action regulations, outreach responsibilities and employee selection, while developing and providing training to HR and staffing professionals on these same topics. She regularly shares her expertise and guidance to DirectEmployers Members, and speaks extensively across the United States at Affirmative Action-related conferences, regional ILG meetings and ILG National Conferences. Candee also frequently presents with employment law experts on topics related to Section 4212 and Section 503. She was also appointed as a faculty member during the National Employment Law Institute’s (NELI) Affirmative Action program series.

Candee holds her SPHR designation and is a Sr. Certified Affirmative Action Professional. She is the Vice Chair of the Indiana Industry Liaison Group, and serves as Co-Chair of the DirectEmployers Association Compliance Advisory Council and the National Labor Exchange (NLx) Operations Steering Committees. Candee leads the DirectEmployers Association Compliance Advisory Board, made up of the top compliance experts in the United States and is also the Compliance Chair of the Victory Media Military Friendly Advisory Board.

John C. Fox, Esq., Partner Fox, Wang & Morgan, P.C.

Mr. Fox represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 days in trial. Mr. Fox was also lead trial counsel in the first of the four wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide.

Prior to founding Fox, Wang & Morgan, Mr. Fox was a Partner at Manatt, Phelps & Phillips and at Fenwick & West, LLP and chaired its Employment and Labor Group for over a decade specializing in employment law applicable to high technology companies. Mr. Fox was also previously Executive Assistant to the Director of the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, where he was responsible for all enforcement and policy matters. Apart from drafting substantive employment discrimination regulations at OFCCP, Mr. Fox was responsible for OFCCP’s contacts with the Congress, other federal agencies and The White House.

He is a graduate of George Washington University Law School and received his B.A. from the University of California, Riverside. Mr. Fox donates his time, pro bono, as General Counsel, to a battered women’s shelter, Women’s Crisis Support Defensa de Mujeres, in Watsonville, CA. Mr. Fox also donates his time as General Counsel to Waste No Food, which has created a technology solution to helping feed the homeless in Silicon Valley.

Mr. Fox also lectures often and has published widely on a variety of employment law subjects. He is a member of the Advisory Committee to the National Employment Law Institute, and is one of 3 outside members of its Board of Directors. He is a past Chair of the Santa Clara County Bar Association Employment Law Committee. He has also served as a member of the Boards of Directors of both The Tech Museum of Innovation in San Jose, California and The York School in Monterey, California. Mr. Fox was also the “Navigator” for 2009-2010 for the Sierra Expedition of the Southwest YMCA Adventure Princesses Program.

Mr. Fox is now writing a monthly column, “The Fox OFCCP Report,” about OFCCP developments for InfoSoft Group, Inc., a local network of employment and diversity sites covering the entire U.S. and focusing first and foremost on local cities and communities. You may find his latest column at Local JobNetwork.

Marvin R. Jordan, District Director Phoenix & Las Vegas Field Offices Office of Federal Contract Compliance Programs Since May, 2006, Marvin Jordan has served as Director of Phoenix District and Las Vegas Field Offices of Federal Contract Compliance Programs. In this capacity, he has OFCCP jurisdictional responsibility for the entire state of Arizona and the four southernmost counties of Nevada, including Clark County. Prior to joining OFCCP as Area Director in 2006, and becoming District Director in 2010, Mr. Jordan spent 23 years in the US Air Force, from where he retired a Major. He spent his final six years at the Pentagon, the last three of which he served as both the Director of Minority and Female Outreach Programs and Deputy Director of Military Equal Opportunity, in the Office of the Deputy Undersecretary of Defense for Equal Opportunity. His tour of duty highlights include a 3 year tour as Chief of the Headquarters Air Force Personnel Training & Resource Team (at the Pentagon), where he was responsible for programming and execution of a $2.2B budget; Squadron Section Commander of a 273-person mission support organization; Air Force ROTC Regional Director of Recruiting for a six-state region; and Director of Military Personnel (both at home and while deployed) for more than 200 personnel. He holds a Master’s Degree in Public Personnel Management, Bachelor’s degrees in Business & Technology Management, and two Associate’s degrees. Additionally he is a graduate of the Defense Equal Opportunity Management Institute and has successfully completed numerous professional certifications and leadership training courses. Mr. Jordan is an avid golfer and girls’ basketball coach. He and his wife April reside in Goodyear, AZ with their two daughters Miranda and Rena.

KEYNOTE SPEAKER Jason Schecthterle

“Burning Shield”

Retired Phoenix Police Officer, Jason Schechterle. Growing up, Jason had one dream - to serve as a Phoenix Police Officer. Inspired by his brother and the tragic loss of a local law enforcement hero, Jason worked persistently towards his dream. After serving four years in the Air Force, at the age 26, Jason achieved his goal to work on the streets of Phoenix as a rookie police officer. Then, only 14 months into what was supposed to be a life-long career, Jason's life took an unexpected, dramatic and, at the time, tragic turn. On the night of March 26th, 2001, a taxi cab crashed into the rear of Jason's patrol car. Upon impact, Jason's car burst into flames, trapping him inside with temperatures reaching over 700 degrees. Through a series of miraculous and fateful circumstances, Jason survived the crash and ensuing physical and emotional catastrophe. He suffered severe burns to over 40% of his body which drastically altered his appearance. He has undergone more than 50 surgeries just to have the ability to accomplish simple daily tasks we often take for granted. Jason's journey chronicles his fight for life, his triumph over tragedy and the inspiration that enables him to continue to overcome unimaginable adversity. His personal narrative exemplifies that the power of the human spirit can never be underestimated or extinguished. His story is also a testament of true love and the dedication Jason and his wife have in their commitment to honor their family and the vows of marriage in good times and bad. His story is one of life, rebirth and transformation. Jason represents the human experience at its very best - an ascent from despair to describing himself as the luckiest person alive!

Gary R. Siniscalco Senior Counsel ORRICK

Gary Siniscalco, Senior Counsel and Co-Chair of the EEO & OFFCP Compliance Group, has significant experience advising clients on complex employment litigation and advisory matters. He has particular experience in counseling and litigation defense for clients on equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, wage-and-hour matters and in working with companies on cross-border employment issues. Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. Gary brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick. Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States. Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions. Gary has written numerous articles on employment law. Most recently, he is Management Editor-in-Chief of a two-volume treatise--Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (BNA, 2010). Gary is co-author of "The Pay Gap, the Class Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act", ABA Journal of Labor & Employment Law, Vol 29, November 3 (Spring 2014), and "The Law of Employment Discrimination from 1985-2010," ABA Journal of Labor & Employment Law, Vol. 25, No. 3 (Spring 2010). Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.” Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.

Eliana Morrison, Moderator Lewis Roca Rothgerber

Eliana Morrison, HRM, MPA, is an HR Coordinator for Lewis Roca Rothgerber. A Phoenix native, she has been a volunteer leader with the Human Rights Campaign for over ten years focusing on community outreach, including to the business and transgender communities, with an overall goal of social acceptance and equal legal protections for LGBT people in Arizona.

Kaydee Helm Software Quality Engineering Pearson, Inc. Kaydee is the Manager of Software Quality Engineering for Pearson, Inc., a multinational publishing and education company. She has an MS in Information Management from the W.P. Carey School of Business at ASU. An employee of Pearson for over 16 years, Kaydee worked closely with the Director of Diversity & Inclusion to develop and execute a wildly successful plan which helped guide her and her colleagues through her own gender transition starting in late 2013. Kaydee is actively involved with Pearson’s Diversity Advocate program and helped found “Pearson Spectrum,” the global employee resource group for LGBTQI employees and their allies. She developed the official gender transition and management handbook for all of Pearson’s North American operations; it has been met with universal support and is currently being adapted and expanded for global use in all of Pearson’s facilities around the world. A recently married mother of two and step-mother of four, Kaydee has a strong network of supportive friends and family, and, of course, a great work environment. She volunteers with the Human Rights Campaign on the Business Outreach and Transgender Outreach committees. She also runs a blog focused on promoting positivity and providing support within the transgender community.

A very special “Thank You” to our Conference Sponsors

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