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Hiring & Firing › Algorithms › Civil Rights Act

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’

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On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more

Jackson Lewis P.C.

The Civil Rights Department’s Upcoming Regulation Updates on Automated Decision Making

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The California Civil Rights Council has been working on proposed regulation revisions to include automated decision-making in the requirements under the Fair Employment and Housing Act. The Council met on October 17, 2024,...more

Troutman Pepper Locke

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

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Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

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A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

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Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Husch Blackwell LLP

AI Legislation Update: February 14, 2024

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Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills. Below is our first regular update on the status of US...more

Jackson Lewis P.C.

SCOTUS’ Recent Affirmative Action Decision and the Ripple Effect on DEI and AI-Powered Recruiting Platforms

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The recent U.S. Supreme Court decision striking down affirmative action in undergraduate admissions, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 has significant implications...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

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The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Husch Blackwell LLP

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

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Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

Foster Swift Collins & Smith

Benefits and Legal Risks of Using Generative AI in Hiring Offers

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Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Releases New AI Guidance for Employers

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...more

Troutman Pepper Locke

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

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Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

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According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Miles & Stockbridge P.C.

EEOC Issues Guidance on the Use of Software, Algorithms, and Artificial Intelligence in Hiring Decisions

Miles & Stockbridge P.C. on

Employers are increasingly relying on electronic systems to supplement – and, at times, supplant – the work of actual human employees relating to certain hiring, retention and employee-management practices. Such systems are...more

McGuireWoods LLP

EEOC Issues Guidance on Artificial Intelligence Hiring Tools

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new technical assistance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Releases New Resource on Artificial Intelligence and Title VII

U.S. Equal Employment Opportunity Commission... on

WASHINGTON – Today the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC reminds employers that Title VII applies to AI

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No breaking news here, folks. The Equal Employment Opportunity Commission has issued a resource on artificial intelligence, Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence...more

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

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

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On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

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For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

Baker Donelson

How Employers Can Begin Preparing for the EEOC's Focus on AI

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For years, employers have increasingly automated the recruiting and hiring process using artificial intelligence (AI) and other algorithmic tools. While there is added value in such automation, researchers have cautioned that...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Launches Initiative on Use of Ai in Hiring Decisions

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On October 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled an initiative focused on fairness in the use of artificial intelligence (AI) and algorithmic tools, showing that federal regulators...more

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