Last week, as we learned that the CIA has invested in another Big Data analytics startup, new headlines and commentary addressed the dangers of hidden bias in technology. LinkedIn changed its search algorithm after the Seattle Times reported that its search results apparently favored men. Time and Salon spotlighted a new book—Weapons of Math Destruction—that addresses “the effects of computerized discrimination” across different sectors of society and the economy. The Time story reminded us of the Obama Administration’s May 2014 report warning of the potential for big data analytics to obscure civil rights protections in the use of personal information in employment, housing, health, education, and other areas.

Discrimination

• The EEOC sued a Colorado hospital for pervasive age discrimination, alleging older employees were fired or forced to resign because of their age.
• Jon Hyman explained the rare but significant claim of associational disability discrimination.
• The National Law Review covered a recent Fifth Circuit case holding that an anti-harassment policy in the employee handbook was not enough to get the employer off the hook for sexual harassment.

Technology

• The New York Times covered the future of social robotics in the workplace.
• Talent Culture shared some data security tips for Human Resources.
• Ere Media discussed the problem of workers telecommuting while “out sick.”
• The Employer Handbook addressed how labor unions can violate the National Labor Relations Act by retaliating against employees who complain about them on social media.

In Other Developments:

• Federal agencies are concerned about America’s most common workplace injury: hearing loss.
• Two employers asked the U.S. Supreme Court to resolve the circuit split over mandatory arbitration clauses in employment agreements.
• Saint Paul joins Minneapolis in requiring paid sick leave.
• ITT Tech faces three lawsuits claiming its shutdown violated the WARN Act.
• The Ninth Circuit ruled Uber’s individual arbitration agreements are enforceable.
• Fast Company identifies three workplace trends for 2017: pay transparency, the end of the annual raise, and the new overtime rules.