News & Analysis as of

Automated Decision Systems (ADS) Employer Liability Issues Employment Discrimination

Fisher Phillips

California Regulators Adopt New Discrimination Rules For Automated-Decision Systems: 3 Steps for Employers Using AI in the...

Fisher Phillips on

California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more

Tucker Arensberg, P.C.

Ai in the Workplace Series - Part 2: From Harrisburg to the White House: the Digital Gold Rush is Leaving Employers in the Dark

Tucker Arensberg, P.C. on

This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more

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

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

Jones Day

Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

Jones Day on

On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....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

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

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

Fox Rothschild LLP on

EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Faegre Drinker Biddle & Reath LLP

No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence

Lawmakers nationwide are increasing efforts to comprehend and control employers’ use of Artificial Intelligence (AI). Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act” (the Bill) on July 20,...more

Kilpatrick

NYC Tackles AI and Automated Decision-making in Employment and Recruiting

Kilpatrick on

As the public and private sectors continue to struggle with harnessing the opportunities and risks associated with AI, New York City tackled a discrete area of AI-related concern – employment and recruiting – with the...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

DCI Consulting on

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

Amundsen Davis LLC

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

Amundsen Davis LLC on

The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

Cooley LLP

NYC Releases FAQ on City’s AEDT Law

Cooley LLP on

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) released an FAQ regarding the city’s Automated Employment Decisions Tool (AEDT) law. As we discussed in this October 2022 alert on...more

Jones Day

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

Jones Day on

Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

Kramer Levin Naftalis & Frankel LLP

New York City’s New AI Bias Law Is About To Take Effect: What You Need To Know

On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers’ use of “automated employment decision tools” (AEDTs) to screen...more

Perkins Coie

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Perkins Coie on

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

CDF Labor Law LLP

Federal Government Signals Enforcement Priority Regarding Artificial Intelligence Tools in The Workplace

CDF Labor Law LLP on

On top of last week’s Senate hearing into artificial intelligence (“AI”) featuring the testimony of OpenAI’s CEO, Sam Altman, the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”)...more

McGuireWoods LLP

Employers Beware: The Rise of AI (Regulation)

McGuireWoods LLP on

Artificial intelligence (AI) continues to transform the world and the workplace. From facial-analytic tools that assess interviewees to bots that screen applicants, AI technology is gaining traction in many human resources...more

Epstein Becker & Green

#WorkforceWednesday: AI Technology Regulations, Transparency in AI, OSHA's Permanent COVID-19 Standard - Employment Law This Week®

Epstein Becker & Green on

This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making. The Future of AI Technology Regulations for Employers (see video below) Regulations and...more

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