News & Analysis as of September 18, 2024

Title VII

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Troutman Pepper on 9/18/2024

Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Littler Lightbulb: July Appellate Roundup

Littler on 8/5/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....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

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on 7/22/2024

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Weis Markets to Pay $75,000 in EEOC Sexual Harassment, Disability Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 6/18/2024

Federal Agency Charged Grocery Store Chain Subjected Employee to Sexual Harassment and Fired Her When She Refused to Undergo Unlawful Medical Examination - HARRISBURG, Pa. – Weis Markets, Inc., will pay $75,000 and furnish...more

Res-Care / Equus to Pay $125,000 in EEOC High-Risk Pregnancy and Disability Discrimination Case

U.S. Equal Employment Opportunity Commission... on 6/13/2024

Settles Federal Charges Workforce Services Provider in Southern New Mexico Failed to Grant Medical Leave and Fired Employee - SOCORRO, N.M. – Res-Care and Equus Workforce Solutions (jointly referred to as Res-Care/Equus),...more

Savage River Lodge Pays $150,000 in EEOC Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 4/30/2024

Hospitality Companies Settle Federal Charges That They Discriminated Against Pregnant Worker and Then Fired Her - BALTIMORE – Savage River Lodge, LLC and Little Crossings, LLC, doing business as Fronterra Resources...more

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on 4/26/2024

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

EEOC Sues New York Beer Project for Discriminating Against Employees Because of Their Medical Conditions

U.S. Equal Employment Opportunity Commission... on 4/25/2024

Federal Agency Charges Restaurant Refused to Schedule and Ultimately Fired Two Employees Who Were Fully Able to Work - ROCHESTER, N.Y. - New York Beer Project, LLC, which operates a restaurant, brewery, and beer hall in...more

Pretty-Privilege: The Ugly Truth About Appearance Discrimination

Husch Blackwell LLP on 4/8/2024

In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more

Why Using AI in Employment Practices Can Bring Unwanted Risk

Tonkon Torp LLP on 4/2/2024

Artificial intelligence (AI) has become ubiquitous and its impact in the employment arena is notable. Using AI tools in employment can bring efficiency, particularly in the hiring process, but the use of these time-saving...more

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

Fisher Phillips on 12/21/2023

FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Automation & Employment Discrimination

Sherman & Howard L.L.C. on 11/22/2023

Employers are increasingly using some form of Artificial Intelligence (“AI”) in employment processes and decisions. Per the Equal Employment Opportunities Commission (“EEOC”), examples include:...more

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on 10/9/2023

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...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

Human Resources Compliance Audits (Part 2)

Porter Hedges LLP on 8/9/2023

An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Accommodation Requirements for Pregnant Employees Are Similar to ADA Protections

Troutman Pepper on 7/27/2023

Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

Fisher Phillips on 7/27/2023

The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on 6/29/2023

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

Did You Hear about the New Law Requiring Employers to Provide Reasonable Accommodations to Pregnant Employees?

Dickinson Wright on 6/28/2023

On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became law and requires covered employers to provide “reasonable accommodations” to a worker’s known limitations that are related to pregnancy, childbirth,...more

CBD & The Workplace, A Word to The Wise

McGlinchey Stafford on 6/22/2023

Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more

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

Troutman Pepper on 6/16/2023

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

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

Bricker Graydon LLP on 6/7/2023

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

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Bradley Arant Boult Cummings LLP on 5/26/2023

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

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