Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more
8/15/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Enforcement ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights ,
Illinois ,
Job Applicants ,
New Legislation ,
Regulatory Agenda ,
Regulatory Requirements ,
Technology
Since our last post on this topic, pay transparency laws were enacted or became effective in four states, the District of Columbia, and several municipalities. The jurisdictions that require or will soon require some form of...more
What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more
We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more
Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more
5/26/2023
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bots ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Municipalities ,
State and Local Government ,
Technology Sector ,
Title VII
It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more
9/1/2022
/ Adverse Employment Action ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more
New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York...more
Can you ask a job applicant criminal history? As with so many legal questions, the answer is “it depends” — on where you work, in this case. A recently enacted law will change this answer for Colorado employers beginning as...more
6/12/2019
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
New Legislation ,
State Labor Laws
If you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going...more
10/24/2018
/ Adverse Employment Action ,
Background Checks ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Economic Growth Regulatory Relief and Consumer Protection Act ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Identity Theft ,
Job Applicants ,
Notice Requirements ,
Public Comment ,
Summary of Rights
In setting a new employee’s pay, what do you consider? Past experience? Check. Education? Check. Salary at the last job? Not so fast. In a recent Ninth Circuit decision, the court framed the question as follows:
Can an...more
When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more
7/26/2017
/ Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Pharmacies ,
Race Discrimination ,
Retaliation ,
Walgreens
Setting a new employee’s pay based on what he or she made at a prior job is a fairly common practice—but now an illegal one in Philadelphia, PA. You heard right, Philadelphia has banned questions about salary history. This...more
A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more
The focus on employment background checks is not going away. A few weeks ago I wrote about Dollar General’s $4 million dollar settlement of a class action lawsuit based on alleged violations of the Fair Credit Reporting Act...more
Just how specific do you need to be when explaining why you rejected a minority candidate multiple times for a job that did not even mean a pay raise? That is the question the United States Court of Appeals for the Second...more