News & Analysis as of

Artificial Intelligence Automated Decision Systems (ADS) Hiring & Firing

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

Lewitt Hackman

New California Regulations Target AI Use in Hiring Employees

Lewitt Hackman on

For many, using artificial intelligence is a common part of our everyday lives, particularly in internet searches. But it’s also used in doctors’ offices, schools, and many more workplaces....more

Snell & Wilmer

No Robo Bosses: Proposed Legislation to Curb AI in the Workplace

Snell & Wilmer on

In recent years, the increasing use of automated decision systems(“ADS”) in employment practices has raised concerns over worker rights, privacy, and fairness. As AI systems become more sophisticated and widespread, the...more

Foley & Lardner LLP

“No Robo Bosses Act” Proposed in California to Limit Use of AI Systems in Employment Decisions

Foley & Lardner LLP on

A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence (AI) decision making in hiring, promotion, discipline, or termination decisions. Also...more

Fisher Phillips

4 Biggest Employer Takeaways From California’s New AI Policy Report

Fisher Phillips on

A high-profile AI policy report commissioned by California Governor Gavin Newsom has just set the stage for potential new AI regulation that could soon impact your hiring processes, workplace surveillance, and AI-fueled...more

Fisher Phillips

California Lawmaker Proposes “No Robo Bosses” Act: What Employers Need to Know About Latest AI Legislation

Fisher Phillips on

Another California lawmaker wants the state to be at the forefront of AI regulation, unveiling the “No Robo Bosses” Act and taking direct aim at the use of AI in the workplace. Senate Bill 7, released by Senator Jerry...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

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

Trump Administration Unveils New AI Policy, Reverses Biden’s Regulatory Framework

Early signals from the Trump administration suggest it may move away from the Biden administration’s regulatory focus on the impact of artificial intelligence (AI) and automated decision-making technology on consumers and...more

Constangy, Brooks, Smith & Prophete, LLP

California’s proposed rule on AI used in employment decisions is a big deal

The California Privacy Protection Agency released proposed regulations in November 2024 that will, if finalized, create significant new hurdles for employers using artificial intelligence to assist with a variety of...more

Jackson Lewis P.C.

New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools

Jackson Lewis P.C. on

This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more

Proskauer - Law and the Workplace

What Will The Trump Administration Mean For The Regulation of Employer AI Tools?

In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more

Perkins Coie

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

Perkins Coie on

On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

Jones Day

Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

Jones Day on

On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more

Cozen O'Connor

Understanding the Colorado AI Act

Cozen O'Connor on

With the governor’s signature, Colorado has enacted a new consumer protection law focused on artificial intelligence (“AI”) systems. The “Colorado AI Act” will go into effect on February 1, 2026. It will have a minor impact...more

Cozen O'Connor

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Cozen O'Connor on

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...more

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Proskauer - Law and the Workplace

DOL Issues Framework to Guide Employers Using AI Recruiting and Hiring Tools

On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”).  As discussed below, the Framework sets forth ten “Focus Areas” for...more

Baker Botts L.L.P.

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

Baker Botts L.L.P. on

Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more

DCI Consulting

State and Local AI Law Update: California AB 331 is Dead – Meet AB 2930

DCI Consulting on

California’s Assembly Bill (AB) 2930 was introduced by the California State Assembly Privacy and Consumer Protection Committee in February 2024 and, if signed into law, will impose certain requirements on entities doing...more

Bradley Arant Boult Cummings LLP

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

Bricker Graydon LLP on

An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

Venable LLP on

We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

DCI Consulting

[Webinar] AI in Employment Decision Making: Following the Patchwork of State and Local Laws - August 14th, 2:00 pm - 2:30 pm EDT

DCI Consulting on

Employers are increasingly turning to innovative technology, like artificial intelligence (AI) or automated employment decision tools (AEDTs), to meet modern talent acquisition and human resource demands. This uptick in...more

Morgan Lewis

AI in the Workplace: The New Legal Landscape Facing US Employers

Morgan Lewis on

Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases,...more

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