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Title VII › Disparate Impact

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Bricker Graydon LLP

Is Remote Work ‘Protected’?

Bricker Graydon LLP on

We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Obermayer Rebmann Maxwell & Hippel LLP

Credentialism and Disparate Impact Discrimination - No Degree, No Problem!?

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The job search process was frustrating for my firstborn, Mateo.  He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at his current employer, he...more

Wiley Rein LLP

FCC Adopts Rules Implementing Infrastructure Act Provision On Digital Discrimination

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On November 20, 2023, the Federal Communications Commission (FCC or Commission) released a Report and Order (Order) and a Further Notice of Proposed Rulemaking (FNPRM) adopting rules to establish a framework for preventing...more

DCI Consulting

Everything You Want to Know about the Revised PDN Final Rule

DCI Consulting on

Everything You Want to Know about the Revised PDN Final Rule - On August 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP or the agency) published a Final Rule (2023 Rule) titled “Pre-enforcement Notice...more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

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

Troutman Pepper

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

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

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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

Bricker Graydon LLP

The EEOC Issues New Guidance on Use of Artificial Intelligence in Hiring

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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

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Title VII and Employment Decisions Made by AI

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Today employers have at their disposal many applications and automated solutions to help them with making employment decisions such as hiring, firing, promotion, or discipline. However, using these applications and automated...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on

Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Orrick, Herrington & Sutcliffe LLP

The EEOC on AI in Employment Decisions: What Companies Should Know and Do

Orrick, Herrington & Sutcliffe LLP on

A growing number of companies use artificial intelligence (AI) algorithms to identify and evaluate candidates, a development that promises to revolutionize recruitment and hiring. Proponents say AI-driven systems can...more

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

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

Seyfarth Shaw LLP

EEOC Issues Technical Assistance Guidance On The Use Of Advanced Technology Tools, Including Artificial Intelligence

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Seyfarth Synopsis: On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) released Technical Assistance on the use of advanced technologies in the workplace titled Select Issues: Assessing Adverse Impact in...more

Foster Garvey PC

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

Foster Garvey PC on

On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

Sherman & Howard L.L.C.

Pre-Employment Testing Principles Apply to AI

Sherman & Howard L.L.C. on

The Equal Employment Opportunity Commission (EEOC) recently released limited technical guidance on employer use of artificial intelligence (AI) in hiring, promotion, and firing decisions, extending principles long-applied to...more

Fisher Phillips

EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know

Fisher Phillips on

Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible...more

Sherman & Howard L.L.C.

“AI Made Me Do It” No Defense When Using Automation in Employment

Sherman & Howard L.L.C. on

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary...more

Akerman LLP - HR Defense

Employers: Prepare Now for Recession-Based Layoffs

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With many economic experts predicting that the U.S. will enter a recession in the near future, employers are preparing for the possibility of significant layoffs. Before making cuts, companies – especially those with remote...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

Tucker Arensberg, P.C. on

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Foley & Lardner LLP

It Isn’t Just Termination or Pay Cuts – Less Severe Job Actions May Support Title VII Disparate Impact Claims

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For years, employers have taken comfort in a belief that unless an employment decision involves termination or financial consequences, it cannot give rise to an actionable claim under Title VII. After a recent decision from...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

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In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination:...

DirectEmployers Association on

In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

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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 Chambers and Jennifer Polcer. In today’s edition, they...more

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