News & Analysis as of

Algorithms Job Applicants Artificial Intelligence

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

Dickinson Wright on

Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Constangy, Brooks, Smith & Prophete, LLP

AI job interviews: What we have to "look forward" to

Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Holland & Knight LLP on

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

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

AI in Job Postings: What Employers in Canada Need to Know

Artificial intelligence (AI) is rapidly changing the hiring landscape. Whether scanning resumes with machine learning tools or ranking candidates based on predictive models, employers in Canada may now want to ensure...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

Fisher Phillips on

A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

K&L Gates LLP

Illinois Anti-Discrimination Law to Address AI Goes Into Effect on 1 January 2026

K&L Gates LLP on

Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to...more

McDermott Will & Emery

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

K&L Gates LLP

DOL's AI Hiring Framework Offers Employers Helpful Guidance on Combatting Algorithmic Bias

K&L Gates LLP on

On 24 September 2024, the Department of Labor (DOL) announced the publication of the “AI & Inclusive Hiring Framework” (Framework) to “support the inclusive use of artificial intelligence in employers’ hiring technology and...more

K&L Gates LLP

Laws, Guidance, and Recommendations: What to Consider When Using AI to Hire Employees in Italy

K&L Gates LLP on

Employers are increasingly using Artificial Intelligence (AI) in the hiring process. For example, chatbots can answer candidates’ questions, tools can screen resumes and profile candidates, and software can score interviews....more

Fisher Phillips

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

Fisher Phillips on

Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on

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

DLA Piper on

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

Holland & Hart - Employers' Lawyers

Algorithmic Accountability: The Next Frontier in Employment Law?

Artificial intelligence (or AI) technology is rapidly transforming industry norms and creating new possibilities along with moral, ethical, and legal implications. The Society for Human Resource Management has recently...more

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

Clark Hill PLC on

A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

Robinson Bradshaw

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

Robinson Bradshaw on

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

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Robinson+Cole Data Privacy + Security Insider

AI Lands in the Workplace

It doesn’t seem fair that human resources (HR) personnel have to manage both labor shortages and overwhelming employee management tasks, but here we are.  Companies are facing a critical shortage of skilled workers that is...more

Ius Laboris

Youth in the Digital Age: Challenges and Opportunities

Ius Laboris on

As we celebrate Youth Skills Day, a global initiative established by the UN in 2014 to underscore the critical role of skill development for young people in fostering employment, decent work and entrepreneurship, it is...more

Amundsen Davis LLC

Local and State Employment Law Update

Amundsen Davis LLC on

The latest round of labor and employment law updates includes several changes impacting employers in jurisdictions across the nation, summarized below. Colorado - Effective February 1, 2026 On May 17, 2024, Governor Polis...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

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