News & Analysis as of September 21, 2024

Technology Sector

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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 -

OFCCP Week In Review: August 2024

DirectEmployers Association on 8/6/2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

OFCCP Week In Review: January 2024

DirectEmployers Association on 1/3/2024

This is a Special Two-Week Edition of the DirectEmployers Week In Review (for the period December 19,,2023 through January 1, 2024). DE publishes this Special Edition each year at this time to report what you missed when so...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

EEOC Issues Joint Statement on Automated Systems and AI Concerns With Other Agencies

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/27/2023

On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more

White House Weighs In On the Use of AI by Businesses

Jackson Lewis P.C. on 10/7/2022

On October 3, 2022, the White House Office of Science and Technology Policy published its “Blueprint for an AI Bill of Rights.” This adds to prior federal guidance released by the EEOC and DOJ regarding the use of AI in...more

The NLRB/EEOC Landmine – When Does Offensive Speech Amount to Protected Activity?

Bradley Arant Boult Cummings LLP on 8/17/2017

Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws....more

Employment Law Navigator – Week in Review: May 2017 #5

Zelle LLP on 5/31/2017

Last week, all the judges on the U.S. Court of Appeals for the Second Circuit agreed to review a suit that raises claims of sexual orientation discrimination under Title VII. The case involves a New York skydiving instructor...more

Employment Law Navigator – Week in Review: May 2017 #2

Zelle LLP on 5/8/2017

Last week, The Wall Street Journal broke the news that code written by female engineers at Facebook gets rejected much more frequently than code written by male engineers at the company. Five years of data collected by a...more

Employment Law Navigator – Week in Review: April 2017 #4

Zelle LLP on 4/25/2017

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

Employment Law Navigator – Week in Review: February 2017 #3

Zelle LLP on 2/21/2017

Over the weekend, a female Uber employee published a blog post that accuses the company of systemic sex discrimination and harassment. Uber quickly reacted, hiring former Attorney General Eric Holder to perform an “urgent...more

Gig and Technology Sectors Targeted in EEOC Enforcement Plan

Akerman LLP - HR Defense on 11/4/2016

The EEOC is targeting the “21st-century workplace” by focusing on gig economies and the technology sector in its new Strategic Enforcement Plan. The new Enforcement Plan also targets what the EEOC calls “complex employment...more

Advancing Opportunity for All in the Tech Industry

U.S. Equal Employment Opportunity Commission... on 5/19/2016

Exploring New Ways to Achieve Inclusive Workplaces and Tackle the Significant Challenges that Remain In Promoting Diversity in Tech - WASHINGTON-The high tech sector has become a major source of economic growth fueling...more

Big Data, Big Problems: The Liability Pitfall Lurking Beneath the Shiny Surface of “People Analytics”

Orrick - Employment Law and Litigation on 11/4/2015

The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more

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