News & Analysis as of September 19, 2024

Artificial Intelligence

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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

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

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

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

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

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

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

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

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

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 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

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

Husch Blackwell LLP on 7/20/2023

Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on 7/19/2023

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

Benefits and Legal Risks of Using Generative AI in Hiring Offers

Foster Swift Collins & Smith on 7/11/2023

Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

EEOC Releases New AI Guidance for Employers

Akin Gump Strauss Hauer & Feld LLP on 7/7/2023

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...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

EEOC Takes On Title VII and AI

Manatt, Phelps & Phillips, LLP on 6/29/2023

Adding to the growing commentary on artificial intelligence (AI) in the employment context, the Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document....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

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on 6/14/2023

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

Key Principles From EEOCs Latest Guidance on Employers Use of AI Tools

Cooley LLP on 6/12/2023

Recently, the US Equal Employment Opportunity Commission (EEOC) made clear that it intends to make discrimination caused by artificial intelligence (AI) tools an enforcement priority over the next four years. This enforcement...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 Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

Pillsbury Winthrop Shaw Pittman LLP on 6/2/2023

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under...

K&L Gates LLP on 6/2/2023

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing,...more

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