On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Adoption of Final Rule to implement Local Law 144 of 2021, legislation regarding automated employment decision tools...more
New York City’s Local Law 144, which regulates the use of “automated employment decision tools” in hiring decisions, went into effect on January 1, 2023, and will be enforced effective April 15, 2023. Most commentators view...more
3/2/2023
/ Artificial Intelligence ,
Automated Systems ,
Bias ,
Disclosure Requirements ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Recruitment Policies ,
Webinars
This week, we're mapping out how Local Law 144 applies to every employer with employees in New York City using artificial intelligence (AI), machine learning, or a similar computational process to screen candidates for...more
On January 26, 2023, the National Institute of Standards and Technology (“NIST”) released guidance entitled Artificial Intelligence Risk Management Framework (AI RMF 1.0) (the “AI RMF”), intended to help organizations and...more
As we recently reported, on December 9, 2022, the New York City Department of Consumer and Worker Production (“DCWP”) announced that it was postponing enforcement of the Automated Employment Decision Tools (“AEDT”) law, until...more
As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more
11/17/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Popular ,
Section 7
On Tuesday October 4, 2022, the White House Office of Science and Technology Policy (“OSTP”) released a document entitled “Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People” (the...more
On Friday, September 23, 2022, the New York City Department of Consumer and Worker Protection (“DCWP”) released a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to its Automated Employment...more
Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream. Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path...more
This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making.
The Future of AI Technology Regulations for Employers (see video below)
Regulations and...more
5/25/2022
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
DFEH ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Machine Learning ,
Popular ,
Proposed Regulation ,
Reasonable Accommodation
Prompted by the widespread adoption and use of video-conferencing software following the COVID-19 pandemic, many employers have shifted toward video interviews to evaluate potential hires. Even as employers have begun to...more
Artificial intelligence (AI) and machine-learning algorithms are powerful tools that can automate or inform decision-making. At the same time, those algorithms can be quite complex and appear to be a “black box”—inscrutable...more
Joining Illinois and Maryland, on November 10, 2021, the New York City Council approved a measure, Int. 1894-2020A (the “Bill”), to regulate employers’ use of “automated employment decision tools” with the aim of curbing...more
Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to...more
You've likely seen the headlines. Online recruiting tools that unfairly screen out women and minorities. Facial recognition tools used in law enforcement that misidentify specific demographic groups. Algorithms that place...more
2/12/2021
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Biometric Information ,
Chief Compliance Officers ,
Chief Information Officers (CIO) ,
Clinical Trials ,
Corporate Counsel ,
Employer Liability Issues ,
FDA Approval ,
Health Care Providers ,
Hiring & Firing ,
Human Resources Professionals ,
Life Sciences ,
Popular ,
Recruitment Policies ,
Risk Mitigation ,
Targeted Digital Advertising ,
Webinars
In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we...more
As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more
1/9/2020
/ Antitrust Provisions ,
Artificial Intelligence ,
Corporate Counsel ,
Decision-Making Process ,
Disability Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Entrance Interviews ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Racial Bias ,
Recruitment Policies ,
Risk Mitigation ,
Section 5 ,
Software ,
Technology ,
Video Recordings
Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more
10/17/2019
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Data Collection ,
Data Retention ,
Disability Discrimination ,
Employer Liability Issues ,
Governor Pritzker ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
New Legislation ,
Reasonable Accommodation ,
Recruitment Policies ,
State Labor Laws ,
Videoconference
There is a visceral and palpable dynamic emerging in global workplaces: tension.
Tension between what is potentially knowable—and what is actually known. Tension between the present and the future state of work. Tension...more
As Gordon Gekko famously pronounced in the 1980s classic movie Wall Street, “The most valuable commodity … is information.” Those words have never rung truer than in today’s world and in today’s workplaces. And as the old...more
5/30/2018
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Benefit Plan Sponsors ,
Big Data ,
Corporate Social Responsibility ,
Cybersecurity ,
Department of Labor (DOL) ,
Diversity ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Human Resources Professionals ,
Pay Equity Laws ,
Popular ,
STEM ,
Voluntary Self-Audit