News & Analysis as of

Algorithms Anti-Discrimination Policies Equal Employment Opportunity Commission (EEOC)

Sheppard Mullin Richter & Hampton LLP

New Jersey Guidance on AI: Employers Must Comply With State Anti-Discrimination Standards

On January 9, 2025, New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights issued guidance stating that New Jersey’s anti-discrimination law applies to artificial intelligence. Specifically, the New...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

Husch Blackwell LLP on

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

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

Robinson+Cole Data Privacy + Security Insider

AI, Government Contractors, and Employment Discrimination

Increasingly, companies use AI to evaluate job applications and make interviewing or hiring decisions. However, government contractors who use artificial intelligence to evaluate job applications should ensure that the AI not...more

BCLP

A Survey of the US AI Regulatory Landscape

BCLP on

As companies increasingly integrate AI into their products, services, processes, and decision-making, they need to do so in ways that comply with the different laws that have been passed and proposed to regulate the use of AI...more

Seyfarth Shaw LLP

EEOC's Settlement Challenging Simple Algorithm Provides Warning for Employers Using Artificial Intelligence

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently, the US Equal Employment Opportunity Commission (“EEOC”) filed a settlement agreement in a lawsuit that many are calling the EEOC’s “first-ever” artificial intelligence discrimination in hiring...more

Epstein Becker & Green

How Much Does the EEOC and iTutorGroup Settlement Really Implicate Algorithmic Bias?—Four Notable Points for Employers

Epstein Becker & Green on

On August 9, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. and related companies (collectively, “iTutorGroup”) filed a joint notice of settlement  and a request for approval and...more

Rumberger | Kirk

Using AI in Human Resources and the Risks of Employment Discrimination

Rumberger | Kirk on

Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,...more

Saiber LLC

EEOC Issues New Guidance on the use of Software, Algorithms, and Artificial Intelligence on Employment Selection Procedures

Saiber LLC on

The new technical assistance document is focused on preventing discrimination against job applicants and employees with respect to employment decisions made with the assistance of automated systems - By now, most people...more

King & Spalding

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

King & Spalding on

Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

Sheppard Mullin Richter & Hampton LLP

The Use of Artificial Intelligence in Employee Selection Procedures: Updated Guidance From the EEOC

As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has had on its radar potential harms that may result from the use of artificial intelligence technology (“AI”) in the workplace. While some...more

CDF Labor Law LLP

Federal Government Signals Enforcement Priority Regarding Artificial Intelligence Tools in The Workplace

CDF Labor Law LLP on

On top of last week’s Senate hearing into artificial intelligence (“AI”) featuring the testimony of OpenAI’s CEO, Sam Altman, the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”)...more

WilmerHale

Four Federal Agencies Reaffirm Authority to Monitor Automated Systems for Unlawful Discrimination and Other Federal Law Violations

WilmerHale on

On April 25, 2023 four federal agencies—the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), and the U.S. Equal Employment Opportunity Commission...more

Fox Rothschild LLP

The EEOC Continues to Push Enforcement of Anti-Discrimination Laws In Relation to Employers’ Use of Artificial Intelligence (“AI”)...

Fox Rothschild LLP on

On March 23, 2023, the EEOC announced a conciliation agreement with DHI Group, Inc. (“DHI”)—a company that operates a job-search website (Dice.com) for technology professionals. The conciliation arose out of multiple...more

McAfee & Taft

EEOC targeting discriminatory use of artificial intelligence

McAfee & Taft on

Along with states and cities beginning to legislate the use of artificial intelligence (AI) in employment decision-making, the Equal Employment Opportunity Commission has reaffirmed its position of ensuring legally compliant...more

Mintz - Employment Viewpoints

NYC Proposes Rules in Advance of 2023 Automated Employment Decision Tools Law

For years, employers have been exploring the possibility of how automated tools (ranging from basic computer screening methods to advanced artificial intelligence systems) may be able to improve and simplify the hiring...more

Flaster Greenberg PC

The White House Releases A Blueprint for an AI Bill Of Rights: What’s In The Blueprint And How It May Impact The Design And...

Flaster Greenberg PC on

On October 4, 2022, The White House Office of Science and Technology Policy (“OSTP”) released the Blueprint for an AI Bill of Rights to help guide the design, development, and deployment of artificial intelligence (AI) and...more

Mintz - Employment Viewpoints

EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA

As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more

Baker Donelson

How Employers Can Begin Preparing for the EEOC's Focus on AI

Baker Donelson on

For years, employers have increasingly automated the recruiting and hiring process using artificial intelligence (AI) and other algorithmic tools. While there is added value in such automation, researchers have cautioned that...more

Zelle  LLP

Big Data & Employer Recordkeeping Requirements

Zelle LLP on

Last week, the Equal Employment Opportunity Commission sued a janitorial and facilities management company for its failure to keep adequate recruitment records. The EEOC alleges that the company used “criminal history...more

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