Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more
3/13/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Labor (DOL) ,
Employment Discrimination ,
Hiring & Firing ,
New Jersey ,
New Legislation ,
New York ,
Regulatory Agenda
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more
A bill introduced in the New York State Senate on August 4, 2023, would impose statewide requirements regulating tools that incorporate artificial intelligence to assist in employee monitoring and the employment...more
On August 9, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This...more
The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more
As previously reported, the New York City Automated Employment Decision Tools (“AEDT”) Law takes effect on July 5, 2023. The Law will impose certain requirements upon employers or employment agencies who use an AEDT to assist...more
On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in...more
On April 25, 2023, officials from four federal agencies released a joint statement pledging to increase “enforcement efforts to protect the public from bias in automated systems and artificial intelligence” (“AI”). The...more
In response to the sudden proliferation of AI programs, like ChatGPT, on April 11, 2023, the National Telecommunications and Information Administration (NTIA) – an Executive branch agency responsible for advising the...more
On Friday, September 23rd, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to Local Law 144 (“the Law”), which...more
As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more
As previously reported, employers’ use of artificial intelligence to assist in employment decision-making is being subjected to ever-increasing regulatory scrutiny at all levels of government―local, state, and federal. In the...more
The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted...more
Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more
Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process. These tools have come under scrutiny by...more
On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more
Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management,...more
A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more
4/15/2020
/ Age Discrimination ,
Algorithms ,
American Civil Liberties Union (ACLU) ,
Artificial Intelligence ,
Bias ,
Computer Fraud and Abuse Act (CFAA) ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Fake Online Accounts ,
First Amendment ,
Policies and Procedures ,
Race Discrimination ,
Scientific Research ,
Sex Discrimination ,
Terms of Service
As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen...more
3/11/2020
/ Artificial Intelligence ,
Audits ,
Bias ,
City Councils ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Notice Requirements ,
NYHRL ,
Proposed Legislation ,
State Regulators