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Artificial Intelligence Disparate Impact

Dickinson Wright

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

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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

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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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

Fisher Phillips

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

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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

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

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This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Eversheds Sutherland (US) LLP

Recent Executive Order on disparate impact: what it means for insurer’s use of AI

On April 23, 2025, President Donald Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (order). The order declares disparate impact theory to be “wholly inconsistent with the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

Trump Issues 7 New Executive Orders Impacting Higher Ed and K-12 Schools, Ranging From DEI to Discipline to AI

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President Trump just issued a wave of education-related executive orders – seven, to be exact – impacting both higher education and K-12 schools. Educational institutions need to tune in and catch up, and we’ve compiled this...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

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This article provides guidance and best practices for counseling employers on key employment discrimination and diversity, equity and inclusion-related legal issues associated with using artificial intelligence tools. ...more

Husch Blackwell LLP

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

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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

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

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

DLA Piper

FemTech and the use of AI

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Due to an exponential growth in the investment in female health and wellbeing, Forbes and Dealroom reported that 2023 saw 1.14 billion USD raised collectively across 120 deals in ‘FemTech’. ...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

Epstein Becker & Green

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

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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

Troutman Pepper Locke

A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Lori Sommerfield to discuss the new guidance issued by the Department of Housing and Urban Development (HUD) on targeted...more

Mayer Brown

New York State Department of Financial Services Issues Proposed Artificial Intelligence Circular Letter

Mayer Brown on

On January 17, 2024, the New York State Department of Financial Services (“NYSDFS”) released a proposed circular letter addressing the use of external consumer data and information sources (“ECDIS”) and artificial...more

Fisher Phillips

AI Bias in the Workplace: Top 4 Takeaways From EEOC Commissioner’s Conversation at FP Conference

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Most HR professionals are no strangers to technology, particularly when it comes to using applicant tracking systems and human resource information systems to hire workers and track key employment data. However, recent...more

Ius Laboris

Discrimination and bias in AI recruitment: a case study

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Barely a day goes by without the media reporting the potential benefits of or threats from AI. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case...more

Littler

OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

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On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect...more

Seyfarth Shaw LLP

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

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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

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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

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

New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools

Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI)...more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

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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

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