Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more
2/10/2025
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Department of Labor (DOL) ,
Disparate Impact ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
State Labor Laws ,
Title VII
Throughout the 2024 legislative session, we have been tracking numerous privacy- and AI-related bills pending in California. Ten of those bills passed the state legislature before the legislative session ended on August 31...more
10/7/2024
/ Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Privacy ,
Data-Sharing ,
Machine Learning ,
Minors ,
Opt-Outs ,
Personal Information ,
State Privacy Laws ,
Training ,
Transparency
On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Data Privacy ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more
Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more
8/22/2024
/ Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Governor Pritzker ,
Hiring & Firing ,
Human Rights Act ,
Illinois ,
Machine Learning ,
Popular ,
Protected Class ,
Wage and Hour
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
8/20/2024
/ Artificial Intelligence ,
Consumer Service Agreements ,
Contract Terms ,
Contractual Safeguards ,
Data Protection ,
Data-Sharing ,
Due Diligence ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Intellectual Property Protection ,
Liability ,
Risk Assessment ,
Vendors
Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more
8/19/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Disclosure Requirements ,
Online Safety for Children ,
Personal Information ,
Social Media ,
State Privacy Laws ,
User-Generated Content
The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more
8/15/2024
/ Age Discrimination ,
Aiding and Abetting ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Disability Discrimination ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Race Discrimination ,
Screening Procedures ,
Title VII ,
Vendors ,
Wage and Hour
Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date.
We are currently tracking thirteen...more
8/12/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
Social Media ,
State Privacy Laws ,
Transparency
The 2024 Colorado legislative session concluded on May 8, 2024. Consistent with last year’s session, the 74th General Assembly ended with a number of new employment-related laws passing. Enacted legislation will enhance...more
8/8/2024
/ Artificial Intelligence ,
Biometric Information ,
Colorado ,
Consumer Privacy Rights ,
Disability Benefits ,
Fairness Standard ,
Governor Polis ,
Hairstyle Discrimination ,
Health Insurance ,
Job Applicants ,
Minors ,
Non-Compete Agreements ,
State Labor Laws ,
Workers’ Compensation
Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more
Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in...more
Keypoint: The California legislature is considering several bills that, if passed, would add to the nation’s emerging legal patchwork governing the use of artificial intelligence. In mid-May, Colorado Governor Jared Polis...more
Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial...more
5/9/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Colorado ,
Corporate Counsel ,
Duty of Care ,
Duty to Disclose ,
Enforcement ,
Equal Opportunities ,
Legislative Agendas ,
Notification Requirements ,
Proposed Legislation ,
Risk Management ,
State and Local Government
Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an...more
Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...more
3/26/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Corporate Counsel ,
Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
Regulatory Agenda ,
Transparency
Keypoint: While not as far-reaching as bills under consideration in other states, the Utah bill creates some obligations for private sector companies deploying generative artificial intelligence, including disclosing its use....more
Keypoint: Since our inaugural post on US artificial intelligence legislation, the first AI bill from this year is set to pass in Utah, new bills have been introduced in Connecticut, Illinois, New Jersey, and several bills...more
Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills.
Below is our first regular update on the status of US...more
2/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Civil Rights Act ,
Discrimination ,
Equal Opportunities ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Popular ,
Proposed Legislation ,
U.S. Commerce Department
Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process.
The Equal Employment Opportunity Commission (EEOC)...more
7/20/2023
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Bias ,
Civil Rights Act ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Machine Learning ,
Title VII
Keypoint: New York City issued final regulations on the use of automated employment decision tools by employers, with enforcement to begin on July 5, 2023.
The New York City Department of Consumer and Worker Protection...more
Keypoint: After a January hearing, New York City continues to consider comments to a new law regulating employers’ use of automated employment decision tools, with enforcement to begin “in the coming months.”...more
Keypoint: Employers who use automated employment decision tools in New York City will receive additional guidance on complying with Local Law 144 before enforcement begins on April 15, 2023....more