Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more
On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more
3/18/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and...more
The Situation: Recent amendments to the Illinois Equal Pay Act of 2003 and Illinois Business Corporation Act of 1983 create significant new reporting and certification requirements for Illinois employers, along with new...more
D.C. Circuit calls for broadening the scope of Title VII's antidiscrimination provision.
On February 19, 2021, a panel of the U.S. Court of Appeals for the D.C. Circuit urged the full court to change the standards that...more
In October 2018, businesses across the country braced for the effects of a noncompete law that was enacted in Massachusetts. The "garden leave" clause in Massachusetts' noncompete law dictated that during the period in which...more
Companies face a myriad of issues as a result of the novel coronavirus (COVID-19) outbreak. One issue is how to address allegations of misconduct involving corporate personnel, including whether and how to conduct internal...more
The Situation: There have been numerous reports that computer algorithms used in artificial intelligence ("AI") systems have created or contributed to biased and discriminatory outcomes. To reduce such bias and...more
6/27/2019
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Disparate Treatment ,
Federal Trade Commission (FTC) ,
Popular ,
Predictive Analytics ,
Proposed Legislation ,
Technology Sector ,
Title VII
The Situation: The Illinois Supreme Court recently considered whether a person can sue as an "aggrieved" person under the Illinois Biometrics Information Privacy Act ("BIPA") even if the person has not alleged some actual...more
2/8/2019
/ Amusement Parks ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Document Retention Policies ,
Dormant Commerce Clause ,
IL Supreme Court ,
Injunctive Relief ,
Injury-in-Fact ,
Private Right of Action ,
Standing
The recently enacted tax reform bill includes a provision that significantly affects how employers settle sexual harassment claims. Section 13307 of the Tax Cuts and Jobs Act provides that no deduction is permitted for...more