News & Analysis as of

Artificial Intelligence Employment Discrimination

CDF Labor Law LLP

Federal Court Grants Preliminary Certification in Landmark AI Hiring Bias Case

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As businesses integrate AI tools into operations, a spike in related litigation is no surprise, especially due to the lack of formal legal precedent. Last month, a federal court in the Northern District of California provided...more

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

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

The Intersection of Artificial Intelligence and Employment Law

The use of algorithmic software and automated decision systems (ADS) to make workforce decisions, including the most sophisticated type, artificial intelligence (AI), has surged in recent years. ...more

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

California’s No Robo Bosses Bill Could Restrict Employers’ Use of AI

On June 2, 2025, the California Senate approved a bill, called the “No Robo Bosses Act,” that would restrict when and how employers can use automated decision-making systems and artificial intelligence (AI) to make...more

Fisher Phillips

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

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A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S....more

DCI Consulting

Artificial Intelligence in Employment: 2025 Regulatory Update

DCI Consulting on

The integration of artificial intelligence (AI) into employment decision-making processes for organizations continues to accelerate, as does the evolution of the legal and regulatory environment. This post provides...more

Ius Laboris

AI at Work: Tips on Battling Bias

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The use of workplace artificial intelligence (‘AI’) is becoming increasingly commonplace for employers in Germany. It can bring significant benefits to HR by increasing efficiency and saving costs. However, it is essential...more

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

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 48: Opportunities & Risks with Artificial Intelligence in HR with...

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Recorded at the 2025 Greenville SHRM Conference, Tina and Keely sit down with Chingwei Shieh, Executive Leader of Automation & Data Science at GE Power. Chingwei, who kicked off the conference with his keynote on “Harnessing...more

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

Steptoe & Johnson PLLC

The Ever-Changing Legal Landscape of State and Federal Regulations for Using AI in Candidate Recruiting and Screening

According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more

K&L Gates LLP

2025 Year-To-Date Review of AI and Employment Law in California

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California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools,...more

Goldberg Segalla

California Employers: Artificial Intelligence in Hiring Brings New Compliance Risks

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Federal and California agencies have increased their focus on how AI and automated decision-making tools are being used in hiring, promotions, and employment screening processes. Employers using such technologies may be...more

Tucker Arensberg, P.C.

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching...

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This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption...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

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

CDF Labor Law LLP

AI in Hiring: Litigation and Regulation Update

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The integration of Artificial Intelligence (AI) into employment decision-making has revolutionized how companies recruit, evaluate, and manage employees. These high-functioning AI tools are capable of screening job...more

Holland & Hart - Employers' Lawyers

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...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...

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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

Dorsey & Whitney LLP

If Approved, Employers May See AI Employment Discrimination Regulations in California Go into Effect this Summer

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California workplaces may finally see new regulations addressing the use of artificial intelligence (AI) – specifically automated-decision systems (ADS) –in the employment context go into effect this summer....more

Morris, Manning & Martin, LLP

The Big Long List of U.S. AI Laws

Below, we catalog certain current state laws regulating the development and use of AI systems and technologies passed between 2019 and 2025. This list focuses on legislative initiatives that have passed and are in effect or...more

Conn Maciel Carey LLP

California Legislature and Civil Rights Agency Focus on Potential Employment Law Pitfalls in Artificial Intelligence

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The California Civil Rights Division has finalized regulations addressing employer use of artificial intelligence and automated decision systems. The proposed regulations, which are pending approval with the Office of...more

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