News & Analysis as of

Department of Justice (DOJ) Employment Discrimination

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Jackson Lewis P.C.

Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs

Jackson Lewis P.C. on

The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically...more

Locke Lord LLP

DOJ Weighs in on Transgender Employment Rights: Gender Dysphoria Can Be Covered by the ADA

Locke Lord LLP on

On January 8, 2024, the United States Department of Justice filed a statement of interest, explaining that gender dysphoria can be a covered disability under the Americans with Disabilities Act (“ADA”). The DOJ’s statement...more

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

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software...more

Seyfarth Shaw LLP

Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Shaw LLP on

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue:...more

Baker Donelson

Diversity in Citizenship, Immigration Status, and National Origin: How to Navigate Modern Workforce Demographics

Baker Donelson on

As of 2021, about 45 million people living in the U.S. were born in other countries. Though this number has declined since the 2018 peak of 47 million, foreign-born residents have averaged 15 – 16 percent of the U.S....more

Faegre Drinker Biddle & Reath LLP

DOJ Settles Discrimination Claims Involving Apple's Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice (DOJ) announced a settlement with Apple over allegations the company engaged in discriminatory recruitment and hiring practices related to the process of seeking labor certification, or the...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Constangy, Brooks, Smith & Prophete, LLP

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

Fox Rothschild LLP on

EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - September 2023

1. OFAC Imposes Sanctions on Russian Elites Who Were Board Members of Alpha Group- On Aug. 11, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated four Russian individuals, Petr...more

Wilson Sonsini Goodrich & Rosati

DOJ Sues SpaceX in Continuing Campaign Against Use of Export Controls to Justify Employment Discrimination

On August 24, 2023, the U.S. Department of Justice (DOJ) filed a complaint against Space Exploration Technologies Corporation (SpaceX) for its alleged violations of the Immigration and Nationality Act’s (INA) prohibition on...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

Frantz Ward LLP on

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

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

Gould + Ratner LLP on

In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

Trusaic

EEOC Title VII: What It Means for AI & Pay Equity Compliance

Trusaic on

Employers that use AI and automated systems such as pay equity software to streamline workplace processes have received a stark reminder about potential employment discrimination violations. On May 18th, the EEOC released...more

Wiley Rein LLP

Wiley Consumer Protection Download (May 8, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Ballard Spahr LLP

Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

Ballard Spahr LLP on

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias...more

Seyfarth Shaw LLP

Regulation of AI – the Path Ahead

Seyfarth Shaw LLP on

Last week, a joint statement was issued by four federal agencies expressing their apprehension regarding the use of AI for discriminatory or anticompetitive purposes and outlining their plans for regulation. This comes on the...more

McGuireWoods LLP

Government Agencies Join Forces Against Bias and Discrimination in AI

McGuireWoods LLP on

On April 25, 2023, four federal government agencies released a joint statement announcing their resolve against bias and discrimination in automated systems and artificial intelligence (AI). Together, the Consumer Financial...more

Manatt, Phelps & Phillips, LLP

AI Has Captured the Attention of the U.S. Public—and Federal Enforcers

Four federal agencies issued a unique Joint Statement this week on enforcement priorities related to “automated systems,” including artificial intelligence (AI). The short, three-page statement reiterated several actions or...more

DCI Consulting

Federal Agencies Make Statement on Discrimination & Bias in Automated Systems

DCI Consulting on

Federal leaders, including Equal Employment Opportunity Commission Chair Burrows, U.S. Department of Justice’s Civil Rights Division Assistant Attorney General Kristen Clarke, Consumer Financial Protection Bureau Director...more

Cooley LLP

CFPB, Federal Agencies Warn of Obligations to Avoid Algorithmic Discrimination

Cooley LLP on

On April 24, 2023, the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) released a joint statement affirming that...more

BCLP

New York City Finalizes Rules for AI Bias in Employment Law and Postpones Enforcement until July 2023

BCLP on

Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more

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