The Hollywood writers' strike ended last Tuesday with an agreement to manage the disruption caused by automation – a framework that likely will be repeated in other workplaces....more
As generative artificial intelligence (GAI) technology, like ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason, employers...more
6/9/2023
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Compliance ,
Confidentiality Policies ,
Copyright ,
Defamation ,
Ethics ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Policies and Procedures ,
Privacy Laws ,
Trade Secrets ,
Training ,
Workplace Communication
Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class -
Last week, the Equal Employment Opportunity Commission (EEOC)...more
On April 25, 2023, the Federal Trade Commission (FTC), the Civil Rights Division of the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection ("DCWP") published a Notice of Adoption of Final Rule to implement New York City's recent law mandating bias audits of AI-enabled systems used...more
On January 5, 2023, the Federal Trade Commission ("FTC") proposed a sweeping new rule that—if implemented—would ban a large percentage of non-compete agreements in the United States. The rule would apply to new as well as...more
In late December, the New York City Department of Consumer and Worker Protection (DCWP or Department) issued revised rules to implement New York City Local Law 144 of 2021, which mandates bias audits of AI-enabled systems...more
Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...more
New York City has proposed rules for implementing its new law requiring bias audits of automated employment decision-making tools (AEDTs) used within the city. The proposed rules answer some of the open questions about how...more
New York City has issued the first guidance related to its new "AI audit" law that will require employers and employment agencies to conduct bias audits of automated decision-making technologies used to evaluate job...more
New York City has passed the first law in the United States that will require employers to conduct audits of automated decision-making tools used to evaluate job candidates or employees. The law may have huge implications for...more
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more
One positive trend in 2020 has been employers embarking upon, or significantly expanding, their diversity, equity, and inclusion (DEI) efforts. Oftentimes, it is human resources professionals or outside DEI consultants that...more
Employers in California and New York take note—important deadlines related to anti-harassment training requirements are fast approaching. These states require employers to provide almost all non-supervisor employees with...more
12/8/2020
/ Anti-Harassment Policies ,
California ,
Deadlines ,
Employee Training ,
Employer Responsibilities ,
Harassment ,
LGBTQ ,
New York ,
Sexual Harassment ,
State Labor Laws ,
Title VII ,
Training Requirements
In a landmark 6-3 ruling, the U.S. Supreme Court held that Title VII of the 1964 Civil Rights Act protects LGBTQ employees from discrimination in the workplace based on sexual orientation or gender identity. The Court held...more
6/18/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On January 1, 2020, Illinois' new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video...more
Senator Maria Cantwell (D-WA) and Democratic colleagues have proposed a sweeping data privacy bill that would require covered entities to audit certain "algorithmic decision-making" systems that use machine learning (ML) and...more
With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more