News & Analysis as of

Artificial Intelligence Job Applicants Disability Discrimination

Fisher Phillips

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

Fisher Phillips on

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

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

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

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Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

Troutman Pepper Locke

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

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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...

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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

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

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Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Harris Beach Murtha PLLC

EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial...more

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

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

Proskauer - Law and the Workplace

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

McAfee & Taft

States and cities limit AI use in employment decisions

McAfee & Taft on

The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) chairwoman Charlotte Burrows stating that more than 80% of employers utilize this...more

DarrowEverett LLP

Artificial Intelligence and the Americans with Disabilities Act

DarrowEverett LLP on

Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

Perkins Coie

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more

Saiber LLC

Justice Department and EEOC Caution the Use of Artificial Intelligence to Make Employment Decisions

Saiber LLC on

Employers should be aware that AI and other software tools may result in unlawful discrimination against people with disabilities in violation of the American with Disabilities Act - On May 12, 2022, the U.S. Department...more

Epstein Becker & Green

EEOC Issues Guidance on the ADA & Employer Use of AI Screening Tools

Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream. Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Dechert LLP

ADA Ex Machina: The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions

Dechert LLP on

Background - The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more

Seyfarth Shaw LLP

Policy Matters Newsletter - May 2022 # 2

Seyfarth Shaw LLP on

DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on...more

McAfee & Taft

Employers’ algorithms and AI software may be discriminating against applicants and employees with disabilities

McAfee & Taft on

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued guidance to caution employers about using artificial intelligence (“AI”) and software tools to make...more

Proskauer - Law and the Workplace

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more

Hogan Lovells

EEOC and DOJ warn that use of AI tools in employment decisions can violate ADA

Hogan Lovells on

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more

Paul Hastings LLP

EEOC Issues Guidance on Using AI in Compliance with the Americans with Disabilities Act

Paul Hastings LLP on

Employer use of artificial intelligence continues to expand, as newer and more sophisticated tools enter the marketplace. Many offer great promise for more efficient and effective decision-making. Some, however, may present...more

Faegre Drinker Biddle & Reath LLP

EEOC, DOJ: Using AI Technology in Employment-Related Decisions May Violate ADA

Employers increasingly rely on computer-based tools to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing terms and conditions of employment. Automatic...more

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

Beltway Buzz - May 2022

EEOC, DOJ Issue Guidance on AI in the Workplace. - On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential...more

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