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Disparate Impact

Vedder Price

OCC Ends Use of Disparate Impact in Fair Lending Supervision

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The Office of the Comptroller of the Currency (“OCC”) has formally revised its fair lending examination procedures, announcing in Bulletin 2025-16, issued on July 14, 2025, that it has eliminated all references to disparate...more

Troutman Pepper Locke

In Response to President Trump’s Executive Order, the OCC Removes Disparate Impact References from Fair Lending Examination Manual

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On July 14, the Office of the Comptroller of the Currency (OCC) issued Bulletin 2025-16, announcing the removal of references to disparate impact liability from the “Fair Lending” booklet of the Comptroller’s Handbook and...more

Paul Hastings LLP

Disparate Impact Lives: Massachusetts Attacks AI in Lending

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On July 10, the Massachusetts attorney general announced a $2.5 million settlement with a Delaware-based student loan company to resolve allegations that the company’s lending practices, including the use of artificial...more

Blank Rome LLP

[Webinar] 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies - July 17th - August 13th,...

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Blank Rome presents a new summer webinar series where our interdisciplinary team will unpack the most pressing legal, regulatory, and policy developments from the Trump Administration’s first 180 days. Each session offers...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Fisher Phillips

BREAKING: Senate Votes to Drop State AI Law Pause, Opening Door for More Workplace Regulation – What Should Employers Do?

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Senators voted overwhelmingly in the early morning hours yesterday to drop the proposed pause on state AI laws that would have dissuaded state lawmakers from regulating artificial intelligence at the local level for the next...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

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Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

Steptoe & Johnson PLLC

Trump Executive Order Takes Aim at Disparate-Impact Liability

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On April 23, President Donald Trump issued Executive Order 14281 (EO), “Restoring Equality of Opportunity and Meritocracy,” 90 FR 17537, 2025 WL 1207532. The EO takes aim at disparate-impact liability, which the EO says...more

Berkshire

Private Plaintiff Attorneys Step Up in Title VII Disparate Impact Cases

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After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

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Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

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As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Parker Poe Adams & Bernstein LLP

EEOC Ends Payments to State Agencies to Investigate Gender Identity and Disparate Impact Claims

On May 20, the Equal Employment Opportunity Commission announced that it will no longer provide funding to state and local EEO agencies for purposes of investigating or prosecuting discrimination charges based on allegations...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Cooley LLP

EEOC Opens 2024 EEO-1 Data Collection – With a Title VII Compliance Reminder

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The Equal Employment Opportunity Commission (EEOC) recently opened its 2024 EEO-1 Component 1 data collection portal and announced that covered employers have until June 24, 2025, to submit and certify their EEO-1 reports....more

Kelley Drye & Warren LLP

EEOC Doubles Down on Targeting of Disparate Impact Liability

Acting EEOC Chair Andrea Lucas issued a public statement regarding the 2024 EEO-1 Component 1 data-collection portal. The statement serves as a reminder for employers to complete their reporting obligations by June 24, 2025,...more

FordHarrison

EEO-1 Portal Open for Filing May 20, 2025

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The EEOC announced the opening of the 2024 EEO-1 Component 1 data collection on May 20, 2025, as anticipated in our previous legal alert on the topic.  With the opening of the portal, covered employers are now able to submit...more

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

EEOC Acting Director Warns No ‘Diversity Exception’ to Title VII in Announcing EEO-1 Reporting Period Opening

On May 20, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) opened the platform for employers to submit EEO-1 reports. In doing so, EEOC Acting Director Andrea Lucas warned employers not to use the data to take...more

Akerman LLP - HR Defense

The Trump Administration Targets Disparate Impact Discrimination Liability: What Employers Need to Know

As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more

GeoDataVision

Trump’s EO Regarding Disparate Impact: An Opportunity to Examine the REMA Concept

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President Trump signed Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy on April 23, 2025”. The EO proclaims a policy goal of eliminating “the use of disparate-impact liability in all contexts to the...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

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This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

Constangy, Brooks, Smith & Prophete, LLP

Filing window for 2024 EEO-1 Reports now open

Window closes June 24 – and don’t expect an extension.   The Equal Employment Opportunity Commission announced the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Venable LLP

New Trump Executive Order Dismantles Disparate Impact Liability

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On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Whiteford

Employment Law Update: May 15 Disparate Impact Executive Order

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An Executive Order signed on April 23, 2025, promises to significantly limit federal enforcement tools in pursuing systemic discrimination claims. The Executive Order, titled “Restoring Equality in Opportunity and...more

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