News & Analysis as of

Artificial Intelligence Civil Rights Act Employment Discrimination

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Keating Muething & Klekamp PLL

Recent Executive Orders’ Impact on the EEOC

Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration....more

CDF Labor Law LLP

New Proposed Regulations Will Impact How Businesses Utilize AI to Make Personnel Decisions

CDF Labor Law LLP on

It is no surprise that businesses are seeking ways to utilize AI to increase efficiency, including developing automated decision-making systems to assist in hiring and promotion processes. The California Civil Rights Council...more

Husch Blackwell LLP

AI and Workplace Discrimination: What Employers Need to Know after the EEOC and DOL Rollbacks

Husch Blackwell LLP on

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

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

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

Troutman Pepper Locke

New Jersey AG Platkin Announces New Guidance on AI Use

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On January 9, New Jersey Attorney General (AG) Matthew J. Platkin and the Division on Civil Rights (DCR) launched a new Civil Rights and Technology Initiative aimed at addressing the potential for discrimination and bias...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

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Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Troutman Pepper Locke

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

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Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Whiteford on

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Husch Blackwell LLP

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Husch Blackwell LLP on

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

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

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

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

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

Seyfarth Shaw LLP on

In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Kerr Russell

AI In The Workplace: Helpful Or Harmful?

Kerr Russell on

Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Ward and Smith, P.A.

The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act

Ward and Smith, P.A. on

The Rise of Artificial Intelligence in the Workplace - Computers are nothing short of marvelous, if not yet conscious. They represent the apogee of modern life, and perhaps more specifically, modern American life: the quest...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Husch Blackwell LLP

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

Husch Blackwell LLP on

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

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

Troutman Pepper Locke

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper Locke on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

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