News & Analysis as of

Title VII › Screening Procedures

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’...

Husch Blackwell LLP on

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

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on

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

ArentFox Schiff

EEOC Warns Against the Potential Adverse Impact of Artificial Intelligence

ArentFox Schiff on

The Equal Employment Opportunity Commission (EEOC) has issued a resource outlining potential liability under Title VII of the Civil Rights Act of 1964 (Title VII) for employers who utilize algorithmic decision-making...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases New Resource on Artificial Intelligence and Title VII

U.S. Equal Employment Opportunity Commission... on

WASHINGTON – Today the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection...more

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

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

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

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Jackson Lewis P.C.

More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, And Telework

Jackson Lewis P.C. on

Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more

Holland & Hart - Employers' Lawyers

2019 Nevada Employment Legislation Updates

Holland & Hart - Employers' Lawyers on

Over the last two years, the Nevada Legislature has passed a substantial number of laws affecting Nevada employers. Some of the most notable employment laws that recently passed are summarized below....more

Littler

EEOC Continues to Scrutinize Criminal Record Screening Policies

Littler on

Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

Foley & Lardner LLP

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

Foley & Lardner LLP on

In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens. As a result, many employers are now...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Poyner Spruill LLP

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

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WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Proskauer - Law and the Workplace

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Hinshaw & Culbertson LLP

EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks

Hinshaw & Culbertson LLP on

We don't think about personnel files – we just have them. Everything from employment applications to benefits enrollment forms to discipline and discharge documents goes into those files. But did you know that the EEOC...more

McNees Wallace & Nurick LLC

Supreme Court: Motive Matters in Hiring Decisions

McNees Wallace & Nurick LLC on

Last week, in EEOC. v. Abercrombie & Fitch Stores, Inc., the Supreme Court addressed religious accommodations under Title VII of the Civil Rights Act of 1964. The background of the case dates to 2008. A young woman...more

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

Seven Key Supreme Court Cases for Retailers to Watch

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

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

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