News & Analysis as of September 25, 2024

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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 -

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

Seyfarth Shaw LLP on 9/17/2024

Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on 9/3/2024

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

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

Clark Hill PLC on 8/1/2024

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

Employers, Be Wary of Built-in Bias from AI Vendors

Robinson Bradshaw on 7/30/2024

Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn to...more

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on 7/23/2024

Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Commissioner Sonderling to Depart from EEOC in August 2024

Seyfarth Shaw LLP on 7/22/2024

Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market

Epstein Becker & Green on 7/12/2024

The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated...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

AI, Government Contractors, and Employment Discrimination

Robinson+Cole Data Privacy + Security Insider on 4/26/2024

Increasingly, companies use AI to evaluate job applications and make interviewing or hiring decisions. However, government contractors who use artificial intelligence to evaluate job applications should ensure that the AI not...more

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

Seyfarth Shaw LLP on 3/27/2024

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

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird on 2/13/2024

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees...more

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

Parker Poe Adams & Bernstein LLP on 11/6/2023

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Generative AI in the Workplace: It’s Not ‘The Matrix’ Reloaded

Troutman Pepper on 10/11/2023

Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Miles Mediation & Arbitration on 10/4/2023

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

Constangy, Brooks, Smith & Prophete, LLP on 9/29/2023

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

Jackson Lewis P.C. on 8/31/2023

The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications...more

EEOC's Settlement Challenging Simple Algorithm Provides Warning for Employers Using Artificial Intelligence

Seyfarth Shaw LLP on 8/23/2023

Seyfarth Synopsis: Recently, the US Equal Employment Opportunity Commission (“EEOC”) filed a settlement agreement in a lawsuit that many are calling the EEOC’s “first-ever” artificial intelligence discrimination in hiring...more

Artificial Intelligence — From Risk to Reward: Key Questions to Address When Crafting Generative AI Usage Policies

Troutman Pepper on 8/22/2023

Generative artificial intelligence (AI) has seemingly infiltrated every aspect of corporate America, and organizations’ legal, compliance, and human resources departments are understandably struggling to keep pace with its...more

How Much Does the EEOC and iTutorGroup Settlement Really Implicate Algorithmic Bias?—Four Notable Points for Employers

Epstein Becker & Green on 8/18/2023

On August 9, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. and related companies (collectively, “iTutorGroup”) filed a joint notice of settlement and a request for approval and...more

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

Baker Donelson on 8/18/2023

The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

Government Says Artificial Intelligence Discriminated Against Older Job Applicants

Williams Mullen on 8/15/2023

Artificial Intelligence (AI) is back in the news after the United States Equal Employment Opportunity Commission (EEOC) sued an online tutoring company for alleged discrimination in violation of the Age Discrimination in...more

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on 8/14/2023

The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Using AI in Human Resources and the Risks of Employment Discrimination

Rumberger | Kirk on 8/11/2023

Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,...more

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

CDF Labor Law LLP on 8/10/2023

Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

Troutman Pepper on 8/2/2023

Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

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