News & Analysis as of

Disparate Impact

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

Venable LLP on

During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Goldberg Segalla

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

Goldberg Segalla on

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI...more

DLA Piper

FemTech and the use of AI

DLA Piper on

Due to an exponential growth in the investment in female health and wellbeing, Forbes and Dealroom reported that 2023 saw 1.14 billion USD raised collectively across 120 deals in ‘FemTech’. ...more

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

Fisher Phillips on

The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

Husch Blackwell LLP on

The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Cozen O'Connor

Democratic AGs Support HUD Rule Barring Discriminatory Impacts in Housing

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in support of the Department of Housing and Urban Development’s (HUD) Discriminatory Effects Rule against a challenge by...more

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Manatt, Phelps & Phillips, LLP

Do Health Care Providers That Serve Historically Marginalized Populations Get Paid Less? An Analytic Investigation

Executive Summary - Health inequities are pervasive across the country, with the health and well-being of Americans too often diverging along racial and ethnic lines. While recent studies have identified many factors...more

Epstein Becker & Green

Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

Epstein Becker & Green on

On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

Saiber LLC

New Jersey Division on Civil Rights Proposes New Rule on Disparate Impact Discrimination

Saiber LLC on

On June 3rd, the New Jersey Division on Civil Rights (the “DCR”) proposed a new rule, N.J.A.C. 13:16, that codifies claims of disparate impact discrimination under the Law Against Discrimination (the “LAD”)....more

Fox Rothschild LLP

NJ Division on Civil Rights Proposes Rule Clarifying Disparate Impact Discrimination

Fox Rothschild LLP on

The New Jersey Division on Civil Rights (DCR) recently issued a proposed rule which, if adopted, would codify and set forth the legal standard required in disparate impact claims brought under the New Jersey Law Against...more

Troutman Pepper

New Jersey Proposal for New Rules Pertaining to Disparate Impact Discrimination

Troutman Pepper on

Q. Is there a new standard in New Jersey for disparate impact discrimination?...more

Orrick, Herrington & Sutcliffe LLP

District Court denies class certification in lending discrimination suit

On May 30, the U.S. District Court for the Eastern District of Virginia entered an opinion denying class certification in a suit accusing a credit union (defendant) of lending discrimination. Each plaintiff applied to...more

Orrick, Herrington & Sutcliffe LLP

New Jersey proposes disparate impact discrimination rule

On June 3, New Jersey Attorney General, Matthew Platkin, and the state’s Division on Civil Rights announced a proposed rule that described and clarified prohibitions against disparate impact discrimination under the New...more

Troutman Pepper

A Deep Dive into HUD's New Guidance on AI-Driven Targeted Advertising — The Consumer Finance Podcast

Troutman Pepper on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Lori Sommerfield to discuss the new guidance issued by the Department of Housing and Urban Development (HUD) on targeted...more

Fisher Phillips

New Jersey Schools Need to Reexamine Policies Barring Paid Work During Parental Leave After Game-Changing Administrative Finding

Fisher Phillips on

State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may...more

Manatt, Phelps & Phillips, LLP

Maryland Expands Access to Gender-Affirming Care

On January 1, 2024, Maryland’s Trans Health Equity Act (THEA) went into effect, requiring the state’s Medicaid program to cover all medically necessary gender-affirming services, including services that were not previously...more

Bricker Graydon LLP

Is Remote Work ‘Protected’?

Bricker Graydon LLP on

We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more

Manatt, Phelps & Phillips, LLP

CMS Weighs in on the Use of Algorithms and Artificial Intelligence in Coverage Determinations

Apparently in light of recent litigation against Medicare Advantage (MA) plans, on February 6, 2024, CMS published responses to frequently asked questions (FAQs) regarding the use of algorithms and artificial intelligence in...more

Obermayer Rebmann Maxwell & Hippel LLP

Credentialism and Disparate Impact Discrimination - No Degree, No Problem!?

The job search process was frustrating for my firstborn, Mateo.  He had his coder certificate and ten years’ experience as a security and IT specialist but when he applied for certain roles, even at his current employer, he...more

Troutman Pepper

Louisiana v. EPA: A Turning Point for Title VI and Environmental Justice?

Troutman Pepper on

At the end of January, a federal judge issued a ruling in a high-profile environmental justice case, Louisiana v. EPA, brought by Louisiana against the Environmental Protection Agency (EPA) and the U.S. Department of Justice...more

Epstein Becker & Green

Unpacking Averages: Device Manufacturers Should Use the Newly Released Demographic Data in MDRs to Ensure Their Devices Are Not...

As you may know, we have been submitting FOIA requests asking FDA to share data from its various programs.  In October, FDA granted our April FOIA request in which we asked the agency to add back demographic data fields that...more

Mayer Brown

New York State Department of Financial Services Issues Proposed Artificial Intelligence Circular Letter

Mayer Brown on

On January 17, 2024, the New York State Department of Financial Services (“NYSDFS”) released a proposed circular letter addressing the use of external consumer data and information sources (“ECDIS”) and artificial...more

Ballard Spahr LLP

Banking and Non-Banking Industries Voice Concern Over Basel III Endgame Proposal’s Potentially Significant Negative Impact on...

Ballard Spahr LLP on

On September 18, 2023, the Federal Reserve, Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency jointly published and sought comments on a proposal to implement new, standardized capital...more

Manatt, Phelps & Phillips, LLP

Advancing Health Equity: State Medicaid Actions to Ensure Access to Gender-Affirming Care

The transgender, or trans, community experiences stark health disparities resulting from discrimination, violence, stigma and a lack of culturally competent providers. Compared with the general U.S. population, trans...more

697 Results
 / 
View per page
Page: of 28

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide