DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability
National Security Podcast: US Government Zeros in on China
Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
Jones Day Talks: EU's New Foreign Direct Investment Regulations Eye Specific Sectors
It’s OCI season, and law firms are already scrambling to recruit the next batch of summer associates. But it’s imperative to remember that your potential summer associates carry risk, too — and a Zoom interview and a quick...more
Interesting story for employers whose ATS uses AI for hiring activities! Listen in as Candee and John discuss the Mobley v. Workday case in which a District Court recently ruled that Workday acts as agent of the employer,...more
Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more
Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more
While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more
In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more
Tune into this episode of DE Under 3 as our labor law experts dive into the recently dismissed complaint alleging that the algorithm-based applicant screening tool, Workday, discriminated against the plaintiff and other...more
The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings. In addition to pay scale disclosure, the District of Columbia Wage Transparency...more
Candidates Lie - Here’s What You Can Do About It - Candidates may embellish or outright lie during the application and hiring process. This is a situation many HR professionals are already familiar with, but what happens...more
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more
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
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
On April 5, 2023, New York City published final rules for Local Law 144, which prohibits employers from using automated employment decision tools (AEDTs) to screen job candidates unless certain bias audit and notice...more
Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...more
Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more
On January 23, 2023, the New York City Department of Consumer and Worker Protection (DCWP) held a public hearing on updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law...more
Starting January 1, 2023, New York City employers that utilize artificial intelligence (“AI”) decision-making tools in their hiring practices will need to provide notice to applicants of the technology and conduct independent...more
We recently wrote about the Equal Employment Opportunity Commission’s Guidance on the use of Artificial Intelligence in the hiring process. AI is exploding. It is being put to use in many different industries and toward...more
Businesses operating in New York City should be aware of a local law addressing the use of automated employment screening and decision-making tools coming into effect on January 1, 2023. This law applies broadly to employers...more
Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more
The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more
As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more
California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more