News & Analysis as of September 20, 2024

Age Discrimination › Artificial Intelligence

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Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age. less -

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

Husch Blackwell LLP on 8/15/2024

The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on 7/23/2024

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Colorado Employers Take Note: Are You Complying with the Job Application Fairness Act?

Foley & Lardner LLP on 6/25/2024

Beginning July 1, 2024, Colorado will officially begin enforcing a restriction prohibiting employers from asking job applicants to disclose their age on an employment application. Colorado joins California, Connecticut,...more

Beltway Buzz - May 2024 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/20/2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

UK HR Two-Minute Monthly: April 2024

BCLP on 4/30/2024

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

The continued rise of artificial intelligence in employment law — 2023 in review

McAfee & Taft on 12/29/2023

As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on 9/25/2023

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

Akin Gump Strauss Hauer & Feld LLP on 9/22/2023

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

OFCCP Week In Review: September 2023 #3

DirectEmployers Association on 9/19/2023

...A lower court correctly dismissed an Indiana hospital department head’s disability accommodation, discrimination, and related claims, the U.S. Seventh Circuit Court of Appeals (Chicago) ruled. The Court found that manager...more

Akin Intelligence - September 2023

Akin Gump Strauss Hauer & Feld LLP on 9/18/2023

Welcome to the September edition of Akin Intelligence. As the U.S. Congress reconvenes after the August recess, we continue to see bipartisan interest in artificial intelligence (AI) regulation. In the executive branch,...more

EEOC Settles First AI Hiring Bias Lawsuit

DCI Consulting on 8/25/2023

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

The Real Risks of Artificial Intelligence in the Workplace: EEOC Obtains First Settlement in AI Class Action

Polsinelli on 8/24/2023

In May 2022, the EEOC filed an age discrimination lawsuit against a group of affiliated companies employing English-language tutors. According to the EEOC, for a brief period in the spring of 2020, those companies programmed...more

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

Foley & Lardner LLP on 8/22/2023

As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

Frantz Ward LLP on 8/18/2023

We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

Baker Donelson on 8/18/2023

The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

Amundsen Davis LLC on 8/17/2023

The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on 8/17/2023

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

Fisher Phillips on 8/15/2023

We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on 8/14/2023

The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

The EEOC’s Artificial Intelligence Guidelines and the Risk of Class Action Litigation

Fox Rothschild LLP on 4/17/2023

On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the...more

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

Proskauer - Law and the Workplace on 3/8/2023

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2023

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on 5/19/2022

As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

OFCCP Week In Review: December 2020 #2

DirectEmployers Association on 12/14/2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules

Proskauer - Law and the Workplace on 4/15/2020

A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more

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Age Discrimination › Artificial Intelligence

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