News & Analysis as of

Bias Discrimination Hiring & Firing

Morris, Manning & Martin, LLP

State AI Laws Continue to Emerge

Introduction - Within the United States, new state laws regulating artificial intelligence continue to emerge. Below, we provide a high-level description of certain laws currently in effect or laws that will soon come into...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

Saiber LLC

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology...

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On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of...more

Jackson Lewis P.C.

New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools

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This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

K&L Gates LLP on

On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

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

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Baker Donelson

Implicit Bias – Awareness and Accountability

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Senior Counsel Randy Patterson of the Firm's Knoxville office recently wrote an insightful article that was published in the April 2024, Volume 52, Issue 4 edition of DICTA magazine through the Knoxville Bar Association....more

Mitratech Holdings, Inc

6 Steps to Conducting Bias-Free Interviews

Bias: A tendency to favor or oppose, often based on personal beliefs/preferences. Are your interviews filled with bias? It could stop your company from getting the quality hires it needs if they are. Conducting bias-free...more

Mayer Brown

Navigating AI in the Workplace and Recruitment

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In recent years, we have seen an increase in employers using artificial intelligence (AI) in the workplace, whether to assist with decision-making and staff management across the life-cycle of the employment relationship or...more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

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As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...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

Gould + Ratner LLP

Using AI in Human Resources: Benefits and Risks

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Artificial intelligence (AI) is already a key feature in many people’s lives, including at work. While some AI platforms have been around for years, highly advanced intelligence platforms, such as ChatGPT, could become...more

Frantz Ward LLP

Update on EEOC Scrutiny of Artificial Intelligence Tools

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We previously reported that disability advocates for many years had been asking for action with respect to the use of artificial intelligence (“AI”) tools, as it is estimated that approximately 80% of employers use some form...more

Baker Donelson

Artificial Intelligence and Bias: Considerations to Prevent Bias and Mitigate Legal Risk of Employers

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Artificial intelligence (AI) tools have been implemented by employers in an ongoing effort to reduce recruitment and hiring costs by automating sourcing of applicants and screening candidates or by applying AI tools to the...more

U.S. Equal Employment Opportunity Commission...

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

Pullman & Comley - Labor, Employment and...

The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on...more

Foley & Lardner LLP

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

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Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Zelle  LLP

That is SO last week - August 2015 #4

Zelle LLP on

We’ve been talking potential bias in big data for some time now, and last week’s news was full of concerns about just that. The New York Times Upshot Blog interviewed a Microsoft computer scientist on the subject; NBC News...more

Zelle  LLP

That is SO last week - July 2015 #2

Zelle LLP on

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

Baker Donelson

What is Implicit Bias and Why Should Employers Care?

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In 2014, Baker Donelson's Diversity Committee instituted a mandatory firm-wide training program on "implicit bias" which has continued into 2015. While the Firm regularly conducts training in how to prevent discrimination,...more

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