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Algorithms Hiring & Firing Employer Liability Issues

CDF Labor Law LLP

New AI Laws May Go Into Effect As Early As July 1, 2025

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On March 21, 2025, the California Civil Rights Council adopted its final regulations regarding automated decision-making systems. In the employment context, automated decision-making systems can include a wide range of tools...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’

On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Training Data Issues

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more

Seyfarth Shaw LLP

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

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Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Seyfarth Shaw LLP

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

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Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Robinson Bradshaw

Employers, Be Wary of Built-in Bias from AI Vendors

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Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn to...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Robinson+Cole Data Privacy + Security Insider

US Department of Labor’s Office of Federal Contract Compliance Offers AI Guidance for Government Contractors and Other Employers

On October 30, 2023, President Biden issued Executive Order 14110, aiming to ensure the responsible and safe development and use of Artificial Intelligence (AI) in federal hiring. In compliance, the US Department of Labor’s...more

Akerman LLP - HR Defense

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

CDF Labor Law LLP

California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

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The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more

Seyfarth Shaw LLP

Colorado Governor Signs Broad AI Bill Regulating Employment Decisions

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Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more

Fisher Phillips

Colorado Lawmakers Pass Landmark AI Discrimination Bill – and Employers Across the Country Should Take Notice

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Colorado is close to becoming the first state to enact a law prohibiting employers from using artificial intelligence to discriminate against their workers – and requiring companies to take extensive measures to avoid such...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

White and Williams LLP

The Impact of AI – Can You Keep Up?

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In the newest episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Laura Corvo, Counsel, joins host Jeff Stewart for a discussion of AI in the workplace and the...more

Littler

How Artificial Intelligence Tools Can Increase Diversity

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Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,...more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

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As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

Alston & Bird

Pre-Hire Personality Tests Set Legal Challenges for Employers

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Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Troutman Pepper Locke

Generative AI in the Workplace: It’s Not ‘The Matrix’ Reloaded

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Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more

Blake, Cassels & Graydon LLP

L’intelligence artificielle dans le lieu de travail : conseils clés et leçons à tirer

Pour les employeurs, l’intelligence artificielle (l’« IA ») représente un domaine prometteur susceptible d’accroître la productivité dans le lieu de travail, de faciliter l’automatisation de tâches répétitives et, dans...more

Blake, Cassels & Graydon LLP

Artificial Intelligence in the Workplace: Top Tips and Takeaways

Artificial intelligence (AI) presents a promising frontier for employers, by enhancing workplace productivity, automating routine tasks, and in some cases, improving employee performance. However, as employers navigate this...more

Baker Donelson

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

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The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

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