News & Analysis as of

Employer Liability Issues Disparate Impact

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Epstein Becker & Green

Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

Epstein Becker & Green on

On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

Troutman Pepper

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Troutman Pepper on

Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

Fisher Phillips

New Jersey Schools Need to Reexamine Policies Barring Paid Work During Parental Leave After Game-Changing Administrative Finding

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State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more

Bricker Graydon LLP

Is Remote Work ‘Protected’?

Bricker Graydon LLP on

We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Ius Laboris

Discrimination and bias in AI recruitment: a case study

Ius Laboris on

Barely a day goes by without the media reporting the potential benefits of or threats from AI. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case...more

Littler

Second Circuit Holds EPA “Factor Other Than Sex” Affirmative Defense Need Not Be Job-Related

Littler on

In Eisenhauer v. Culinary Institute of America, No. 21-2919-CV (2d Cir. Oct. 17, 2023), the U.S. Court of Appeals for the Second Circuit clarified that the federal Equal Pay Act (EPA) does not require employers to show that a...more

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

New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more

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

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

FordHarrison

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

FordHarrison on

American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

Dorsey & Whitney LLP

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

Dorsey & Whitney LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

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

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...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

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence: EEOC Addresses Employer Liability When Using AI in Selection Procedures

The EEOC releases a technical assistance document exploring employers’ Title VII liability when incorporating AI tools and automated systems in employment selection procedures, and a new Texas district court rule prevents...more

Bricker Graydon LLP

The EEOC Issues New Guidance on Use of Artificial Intelligence in Hiring

Bricker Graydon LLP on

On May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for use of artificial intelligence (“AI”) in employment selection to comply with Title VII (“Title VII”), the federal law that protects...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Title VII and Employment Decisions Made by AI

Today employers have at their disposal many applications and automated solutions to help them with making employment decisions such as hiring, firing, promotion, or discipline. However, using these applications and automated...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

Orrick, Herrington & Sutcliffe LLP

The EEOC on AI in Employment Decisions: What Companies Should Know and Do

A growing number of companies use artificial intelligence (AI) algorithms to identify and evaluate candidates, a development that promises to revolutionize recruitment and hiring. Proponents say AI-driven systems can...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

Foster Garvey PC

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

Foster Garvey PC on

On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

Fisher Phillips

EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know

Fisher Phillips on

Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

Littler on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Mitratech Holdings, Inc

[Webinar] How to Spot Hidden Discrimination in Recruiting - May 4th, 9:00 am PT

Most employers strive for a recruitment process that is free of discrimination, both for legal purposes and because it’s the right thing to do. But confirming your process provides equal employment opportunity isn’t always...more

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