News & Analysis as of

Bias Age Discrimination in Employment Act

Littler

Littler Lightbulb: November Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Shoots Down $15 Per Hour Contractor Minimum Wage Rule...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Fisher Phillips

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

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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

Foley & Lardner LLP

EEOC Previews FY 2023 Litigation Trends with a Focus on Its Strategic Enforcement Plan

Foley & Lardner LLP on

In the wake of the Supreme Court’s decision invalidating affirmative action at America’s colleges and universities, a flurry of lawsuits challenging private employers’ diversity and inclusion programs have been filed around...more

Miles Mediation & Arbitration

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

Foley & Lardner LLP

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

Foley & Lardner LLP on

As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

Epstein Becker & Green

How Much Does the EEOC and iTutorGroup Settlement Really Implicate Algorithmic Bias?—Four Notable Points for Employers

Epstein Becker & Green on

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

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Proskauer - Law and the Workplace

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

On August 9, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This...more

Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

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Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues CBS Stations Group of Texas for Age Bias

Traffic Reporter Was Denied Hire Because of Her Age, Agency Charges - DALLAS - CBS Stations Group of Texas violated the Age Discrimination in Employment Act (ADEA) when it refused to hire Tammy Campbell for a full-time...more

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

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

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