News & Analysis as of

Disability Discrimination Job Applicants

Fisher Phillips

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

Fisher Phillips on

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

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

U.S. Equal Employment Opportunity Commission...

The Modern Group and Dragon Rig Sales to Pay $35,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Charges That Industrial Manufacturing and Service Company and Its Subsidiary Subjected Applicant to Discrimination Because of His Disabilities - BEAUMONT, Texas – The Modern Group, Ltd. (TMG), headquartered...more

Littler

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

Littler on

The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance...more

Mayer Brown

Guide to Discrimination Law in Hong Kong

Mayer Brown on

Introduction - GENERAL OVERVIEW - Hong Kong employers and employees have become increasingly aware of their rights and obligations under the anti-discrimination legislation since the passing of the Sex Discrimination...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

U.S. Equal Employment Opportunity Commission...

Cloudbeds to Pay $150,000 to Resolve EEOC Disability Discrimination Lawsuit

Remote Technology Company Settles EEOC Lawsuit Alleging it Refused to Accommodate and Hire a Deaf Applicant - BOSTON – Remote-first global technology company Digital Arbitrage, Inc., doing business as Cloudbeds, will pay...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Phoenix Center for Disability Discrimination

Recovery Center Fired and Refused to Hire People Because of Their Disabilities, and Subjected Applicants to Impermissible Medical Inquiries, Federal Agency Charges - INDIANAPOLIS — The Phoenix Center Inc., a mental health...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Trico Transportation Services for Disability Discrimination

Trucking Company Revoked Offer of Employment Because of Applicant’s Back Pain History, Federal Agency Charges - NEW ORLEANS – Trico Transportation Services, Inc., a logistics management and specialty hauling company,...more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Fisher Phillips on

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

U.S. Equal Employment Opportunity Commission...

Updated EEOC Resource About the ADA and Individuals with Visual Disabilities at Work

Includes Information on Discrimination Against Job Applicants - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released an updated technical assistance document, “Visual Disabilities in the...more

U.S. Equal Employment Opportunity Commission...

Lion Elastomers Pays $175,000 to Settle EEOC Disability Discrimination Lawsuit

Settles Federal Charges Company Subjected Job Applicants to Disability Discrimination Because of Perceived Back Impairments - HOUSTON – Lion Elastomers, LLC, a manufacturing plant in Port Neches, Texas, agreed to pay...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

Fisher Phillips on

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Troutman Pepper

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Benesch

Eleventh Circuit Holds that Employees Must Show an Adverse Employment Action to Establish a Failure to Accommodate Under the ADA

Benesch on

On May 24, 2023, the Eleventh Circuit ruled that a failure to accommodate claim under the American with Disabilities Act (“ADA”) is only actionable if the employee establishes that the failure to accommodate negatively...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on

Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

Mintz - Employment Viewpoints

New York City Council Passes Prohibition on “Height” and “Weight” Discrimination

The New York City Council has passed a bill amending the City’s anti-discrimination statute (the New York City Human Rights Law or “NYCHRL”) to prohibit discrimination and harassment on the basis of an individual’s “height”...more

Proskauer - Law and the Workplace

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

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

Foley & Lardner LLP

EEOC Reminds Employers How to Handle Applicants and Employees With Hearing Disabilities

Foley & Lardner LLP on

There is no doubt that the COVID-19 pandemic continues to have a lasting impact on our society. Of the various changes we have experienced so far, the prevalence of remote or hybrid workplaces has had — and will continue to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Comprehensive Guidance Regarding Job Applicants and Employees With Hearing Disabilities

On January 23, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document aimed at providing guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and...more

McAfee & Taft

States and cities limit AI use in employment decisions

McAfee & Taft on

The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) chairwoman Charlotte Burrows stating that more than 80% of employers utilize this...more

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