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Artificial Intelligence Employer Liability Issues Corporate Counsel

BakerHostetler

Efforts to Expand Mini-WARN Acts’ Requirements Underscore the Importance of Knowing State-Level, Post-Sale Obligations Relating to...

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As addressed in a prior post, one often-forgotten consideration in many mergers and acquisitions is the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), which generally requires covered employers...more

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

Littler

Considerations for Artificial Intelligence Policies in the Workplace

Littler on

In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

Fisher Phillips

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

Fisher Phillips on

Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Fisher Phillips

Top 5 Things Employers Need to Know About the EU’s Latest AI Guidance

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The European Union just provided much-needed clarity on what’s prohibited under its landmark EU AI Act, releasing guidance earlier this week on how businesses can comply with the law right as it begins to take effect across...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

Tucker Arensberg, P.C. on

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Fisher Phillips

Top 10 Employer Takeaways as New Jersey Cracks Down on AI Discrimination

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New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more

Kelley Drye & Warren LLP

NJ Employers On Notice: Use of AI Tools Must Comply With New Jersey’s Law Against Discrimination

Unlike other jurisdictions, New Jersey has not yet implemented legislation directly governing the use of AI tools in employment practices. But, earlier this month, New Jersey Attorney General Matthew J. Platkin announced that...more

Fisher Phillips

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

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It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

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A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Fisher Phillips

Top 10 Workplace Law Developments To Expect Under President Trump

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Now that we know Donald Trump will return to the White House as President, it’s time for employers to take a look at what they might expect during his second term in office. We have gathered insights from some of our firm’s...more

Littler

DOL Issues Guidance on AI and Worker Well-Being Best Practices

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On October 16, 2024, the U.S. Department of Labor (DOL) published Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers. This document expands upon guidance released in...more

Fisher Phillips

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

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The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has...more

Littler

2024 European Employer Survey Report - October 2024

Littler on

Executive Summary- As Europeans across the continent head to the ballot box in a contentious election year, employers are navigating numerous challenges—from potential employment law changes to managing divisive political...more

Fisher Phillips

Illinois Employers Using AI for Workplace Purposes Will Soon Need to Provide Notice: 10 Quick Takeaways and 5 Things You Should Do...

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Thanks to a new law signed into effect by Governor J.B. Pritzker, Illinois employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other...more

Fisher Phillips

Landmark AI Discrimination Bill Stalls Out in California Legislature, But Other AI Measures Advance

Fisher Phillips on

California lawmakers knocked back a chance to pass a groundbreaking AI discrimination that would have required employers to provide notification – and perhaps an accommodation – to workers when artificial intelligence is used...more

Fisher Phillips

Top 10 Workplace Law Bills to Watch as California Legislature Finishes Work for the Year

Fisher Phillips on

With the August 31 deadline having come and gone, the California Legislature has completed its work for the year and sent all bills on to Governor Newsom’s desk. Now all eyes turn to the Governor as he has until September 30...more

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

Littler on

Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...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

Miller Canfield

Department of Labor Issues Field Assistance Bulletin on Use of AI in the Workplace

Miller Canfield on

The United States Department of Labor (“DOL”), Wage and Hour Division recently issued a Field Assistance Bulletin on Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other...more

Fisher Phillips

AI Hiring Tools Under Attack: ACLU Files Claims with Feds Over Common Hiring Tools

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The ACLU recently fired a clear warning shot to employers by asking the FTC to investigate a personality assessment test, a video interview tool, and a cognitive ability assessment screening device – all powered by artificial...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...

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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

Seyfarth Shaw LLP

DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

Seyfarth Shaw LLP on

On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more

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