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Software Employer Liability Issues

Trusaic

Opportunity Equity: The New Organizational Imperative

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Striving for pay equity is a modern-day imperative for organizations. However, leading employers are looking more broadly at workplace equity. Building an equitable workplace involves a holistic approach to providing equal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software...more

DCI Consulting

[Webinar] Pay Equity Studies: Expert vs Robot - February 14th, 2:00 pm - 2:30 pm EST

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Achieving pay equity requires a deep understanding of organizational dynamics, legal frameworks, and the nuanced factors that contribute to pay disparities. As more technology becomes available to conduct pay equity analyses,...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: AI Governance for Software Development

This edition of Artificial Intelligence in the Modern Workplace focuses on key issues facing employers whose employees may use artificial intelligence (AI) platforms, such as ChatGPT or GitHub Co-Pilot when developing company...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

Sheppard Mullin Richter & Hampton LLP

Microsoft to Indemnity Users of Copilot AI Software – Leveraging Indemnity to Help Manage Generative AI Legal Risk

The rapid growth of generative AI (GAI) has taken the world by storm. The uses of GAI are many as are the legal issues. If your employees are using GAI, they may be subjecting your company to many unwanted and potentially...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

DarrowEverett LLP

Prove It or Lose It: New York City Cracks Down on AI Hiring Software

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Artificial Intelligence (“AI”) programs have gained notoriety by injecting ease into otherwise burdensome and difficult daily tasks. However, as with most innovative advancements, AI has also drawn concern from skeptics...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

Flaster Greenberg PC

AI Employment Tool Developers: Remember the ADA

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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

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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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, January 2023

Contech Trends to Watch in the New Year - “As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.” Why this is important: All of the turmoil of 2022 (the...more

Proskauer - Law and the Workplace

What to Do When Your Timekeeping System Crashes

A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your...more

DarrowEverett LLP

Artificial Intelligence and the Americans with Disabilities Act

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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

Robinson+Cole Data Privacy + Security Insider

NYC Law Restricting Use of AI in Hiring Takes Effect in January: Are You Ready?

Last year, the New York City Council passed Local Law Int. No. 1894-A, which amended the City’s administrative code to afford new protections to employees during the hiring and promotion processes. The law protects those...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

Saiber LLC

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

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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

Fisher Phillips

Avoiding Invasion of Privacy Claims When Using Employee Monitoring Software

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Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real,...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

Laner Muchin, Ltd.

Illinois Employers Will Need To Obtain Informed Consent To Use “Interview Bots”

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Artificial intelligence (AI) solutions have been touted as a way for employers to make better hiring decisions than a conventional interview process, because, among other considerations, the software will not take into...more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Orrick - Employment Law and Litigation

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

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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