News & Analysis as of

Discrimination Analytics

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Sheppard Mullin Richter & Hampton LLP

The Intersection of Artificial Intelligence and Utilization Review

California is among a handful of states that seeks to regulate the use of artificial intelligence (“AI”) in connection with utilization review in the managed care space. SB 1120, sponsored by the California Medical...more

Littler

Dear Littler: How Do Employers Use Big Data, And What Are The Risks?

Littler on

We are revamping our online job application. I asked our HR director if we should eliminate the question asking about an applicant’s hobbies. Not only does she think we should keep the question, but she says we need to gather...more

Hogan Lovells

Should we regulate artificial intelligence?

Hogan Lovells on

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks....more

Littler

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

Littler on

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance...more

Jackson Lewis P.C.

Facebook’s “Trending” Section and Human Resources Analytics

Jackson Lewis P.C. on

According to a recent New York Times article, “Facebook scrambled on Monday to respond to a new and startling line of attack: accusations of political bias.” Slate followed with a report that the online social networking...more

Zelle  LLP

Employment Law Navigator – Week in Review: February 2016 #3

Zelle LLP on

The death of Justice Antonin Scalia dominated the news over the long weekend. Whether you agreed with him or not, Justice Scalia’s impact on employment law was significant. From his scathing dissent in UPS v. Young to his...more

Snell & Wilmer

Businesses Take Note: The FTC Assesses Big Data Practices

Snell & Wilmer on

Businesses engaged in big data practices should be mindful of a new report issued by the Federal Trade Commission (FTC), in which the FTC serves notice of its intention to monitor areas where big data practices can violate...more

Ballard Spahr LLP

Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns

Ballard Spahr LLP on

A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more

BakerHostetler

FTC Report on Big Data Outlines Usage Limitations Under Federal Law

BakerHostetler on

On January 6, 2016 the Federal Trade Commission (“FTC”) issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (“Report”), based on prior workshops and subsequent public comments on Big Data...more

Robinson+Cole Data Privacy + Security Insider

FTC issues big data report and warning

Data analytics are getting more sophisticated and are being used in every industry. The more data in the world, the more it can be analyzed—it’s dubbed “big data.” In that context, the Federal Trade Commission (FTC) recently...more

Zelle  LLP

Big Data in Human Resources = Big Decisions for HR Pros

Zelle LLP on

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Zelle  LLP

That is SO last week - July 2015 #2

Zelle LLP on

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

BakerHostetler

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

BakerHostetler on

Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular...more

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