News & Analysis as of

Hiring & Firing Bias

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... more +
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 -
Mitratech Holdings, Inc

7 Tips for Effective Background Screening of Hourly Employees

Hiring hourly workers, especially in high-volume sectors like retail, hospitality, healthcare, and construction, presents unique challenges. The demand for quick hiring can sometimes lead to shortcuts in the background...more

Baker Botts L.L.P.

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

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Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Husch Blackwell LLP

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

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Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more

Jackson Lewis P.C.

AI Regulation Continues to Grow as Illinois Amends its Human Rights Act

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Following laws enacted in jurisdictions such as Colorado, New York City, Tennessee, and the state’s own Artificial Intelligence Video Interview Act, on August 9, 2024, Illinois’ Governor signed House Bill (HB) 3773, also...more

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

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A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

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

Robinson+Cole Data Privacy + Security Insider

AI Lands in the Workplace

It doesn’t seem fair that human resources (HR) personnel have to manage both labor shortages and overwhelming employee management tasks, but here we are.  Companies are facing a critical shortage of skilled workers that is...more

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

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We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

Baker Donelson

Implicit Bias – Awareness and Accountability

Baker Donelson on

Senior Counsel Randy Patterson of the Firm's Knoxville office recently wrote an insightful article that was published in the April 2024, Volume 52, Issue 4 edition of DICTA magazine through the Knoxville Bar Association....more

Husch Blackwell LLP

What Employers Need to Know About Colorado’s New AI Law

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Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in...more

Ballard Spahr LLP

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent...

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On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more

Foley & Lardner LLP

Proceed with Caution When Taking the Human Out of Human Resources: The Colorado Artificial Intelligence Act Will Have Immediate...

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The role of artificial intelligence (AI) has been increasing in our daily lives, from customer service chatbots and digital assistants to ubiquitous smart home devices. Likewise, the reach of the technology is expanding...more

CDF Labor Law LLP

California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

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The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more

Fox Rothschild LLP

New Jersey Considers Restricting Use of Artificial Intelligence in the Hiring Process

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As employers have increasingly used artificial intelligence (AI) and other Automated Employment Decision Tools (AEDTs) to assist human resource professionals and hiring managers in reviewing voluminous resumes, federal and...more

Seyfarth Shaw LLP

Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers...

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On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Mitratech Holdings, Inc

6 Steps to Conducting Bias-Free Interviews

Bias: A tendency to favor or oppose, often based on personal beliefs/preferences. Are your interviews filled with bias? It could stop your company from getting the quality hires it needs if they are. Conducting bias-free...more

Fisher Phillips

Snapshot on Manufacturing Industry: 3 Artificial Intelligence Bills Employers Should Track

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Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact employers in the manufacturing...more

Venable LLP

Lies, Damned Lies, and AI: Lie-Detecting AI May Expose Employers to Liability

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It's that time of year again—hiring season! And right on cue, your director of human resources has scheduled a meeting to pitch you a quick fix: artificial intelligence (AI)....more

Tonkon Torp LLP

Why Using AI in Employment Practices Can Bring Unwanted Risk

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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

Mayer Brown

Navigating AI in the Workplace and Recruitment

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In recent years, we have seen an increase in employers using artificial intelligence (AI) in the workplace, whether to assist with decision-making and staff management across the life-cycle of the employment relationship or...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

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At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Proskauer - Law and the Workplace

New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more

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