News & Analysis as of

Software Equal Employment Opportunity Commission (EEOC)

Trusaic

Equal Pay Named in EEOC Targeted Priorities

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The Equal Employment Opportunity Commission (EEOC) has taken another step toward achieving its goal of equal pay and eliminating discrimination. EEOC objectives for fiscal years 2024 through 2028 are highlighted in its...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

Trusaic

Title VII Claims: How the Fifth Circuit Decision & EEOC AI Case Impact Employers

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A Fifth Circuit decision in the Federal Court of Appeals has sent shockwaves through employers in Louisiana, Texas, and Mississippi. The “historically conservative and employer-friendly” circuit ruled in favor of the...more

ArentFox Schiff

ArentFox Schiff Issues the First Global Definitive Legal Guide for Industries Navigating AI

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Artificial intelligence promises to transform the way we live and work and its impact will undoubtedly stretch to every business sector across the globe. This next generation of technology brings exciting possibilities and...more

Polsinelli

The Real Risks of Artificial Intelligence in the Workplace: EEOC Obtains First Settlement in AI Class Action

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In May 2022, the EEOC filed an age discrimination lawsuit against a group of affiliated companies employing English-language tutors. According to the EEOC, for a brief period in the spring of 2020, those companies programmed...more

Seyfarth Shaw LLP

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

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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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Proskauer - Law and the Workplace

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

On August 9, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This...more

Haynsworth Sinkler Boyd, P.A.

What does AI mean for HR?

Artificial Intelligence (AI) might be the most popular phrase of the year, but it is undoubtedly here to stay. We are seeing companies experiment with using AI in the workplace, which often raises questions like, How can...more

Trusaic

AI in HR: Can You Trust Your Pay Equity Software Provider?

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EEOC Title VII guidance released last month highlighted the need for employers to partner with a trusted pay equity software provider. The technical assistance document outlined the application of Title VII of the Civil...more

Spilman Thomas & Battle, PLLC

Considerations for Employing AI in the Workplace

What is workplace artificial intelligence or AI? In its simplest form, AI in the workplace is the use of technology or software to monitor employees’ work performance, gather data, problem-solve, or aid in decision making....more

Saiber LLC

EEOC Issues New Guidance on the use of Software, Algorithms, and Artificial Intelligence on Employment Selection Procedures

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The new technical assistance document is focused on preventing discrimination against job applicants and employees with respect to employment decisions made with the assistance of automated systems - By now, most people...more

Davis Wright Tremaine LLP

EEOC Reminds Employers That Automated Decision-Making Systems Might Discriminate

Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class - Last week, the Equal Employment Opportunity Commission (EEOC)...more

Fox Rothschild LLP

The EEOC Continues to Push Enforcement of Anti-Discrimination Laws In Relation to Employers’ Use of Artificial Intelligence (“AI”)...

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On March 23, 2023, the EEOC announced a conciliation agreement with DHI Group, Inc. (“DHI”)—a company that operates a job-search website (Dice.com) for technology professionals. The conciliation arose out of multiple...more

Flaster Greenberg PC

AI Employment Tool Developers: Remember the ADA

Flaster Greenberg PC on

This is the last blog in the series on the EEOC’s Technical Guidance: The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees. The Guidance...more

Flaster Greenberg PC

Employers and Developers Must Collaborate to Prevent Screen Outs of Candidates with Disabilities

Flaster Greenberg PC on

This blog focuses on the EEOC’s Technical Guidance on Artificial Intelligence and the ADA and the issue of “Screen Out.” Specifically, what Automated Employment Decision Making Tool (AEDT) developers and employers use to...more

BCLP

New York City Mandates AI Bias Analysis

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Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

DarrowEverett LLP

Artificial Intelligence and the Americans with Disabilities Act

DarrowEverett LLP on

Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining...more

Husch Blackwell LLP

AI and Algorithmic Fairness: EEOC Launches Initiative on Employer Use of AI in Hiring Processes

Husch Blackwell LLP on

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the...more

Fox Rothschild LLP

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

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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

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Mintz - Employment Viewpoints

EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA

As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more

Saiber LLC

Justice Department and EEOC Caution the Use of Artificial Intelligence to Make Employment Decisions

Saiber LLC on

Employers should be aware that AI and other software tools may result in unlawful discrimination against people with disabilities in violation of the American with Disabilities Act - On May 12, 2022, the U.S. Department...more

U.S. Equal Employment Opportunity Commission...

U.S. EEOC and U.S. Department of Justice Warn against Disability Discrimination

Employers’ Use of Artificial Intelligence Tools Can Violate the Americans with Disabilities Act - WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each...more

Jackson Lewis P.C.

New Freedom Of Information Act (FOIA) Software Launched By EEOC

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On February 1, 2021, the Equal Employment Opportunity Commission (EEOC) launched a new software system to receive and process Freedom of Information Act (FOIA) requests and objections. FOIA allows individuals the right to...more

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