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Hiring & Firing › Algorithms › Employment Discrimination

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 -
Proskauer - Law and the Workplace

Another Legal Challenge to an AI Interviewing Tool

Proskauer - Law and the Workplace on

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

Lewitt Hackman

New California Regulations Target AI Use in Hiring Employees

Lewitt Hackman on

For many, using artificial intelligence is a common part of our everyday lives, particularly in internet searches. But it’s also used in doctors’ offices, schools, and many more workplaces....more

CDF Labor Law LLP

New AI Laws May Go Into Effect As Early As July 1, 2025

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On March 21, 2025, the California Civil Rights Council adopted its final regulations regarding automated decision-making systems. In the employment context, automated decision-making systems can include a wide range of tools...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

Proskauer - Law and the Workplace on

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

Foley & Lardner LLP

“No Robo Bosses Act” Proposed in California to Limit Use of AI Systems in Employment Decisions

Foley & Lardner LLP on

A new bill in California, SB 7, proposed by State Senator Jerry McNerney, seeks to limit and regulate the use of artificial intelligence (AI) decision making in hiring, promotion, discipline, or termination decisions. Also...more

Holland & Knight LLP

Artificial Intelligence in Hiring: Diverging Federal, State Perspectives on AI in Employment?

Holland & Knight LLP on

The Trump Administration has moved quickly to roll back Biden-era protections related to artificial intelligence (AI) in federal hiring practices. On Jan. 20, 2025, President Donald Trump issued an executive order (EO),...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Black Box Issues

Proskauer - Law and the Workplace on

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

Sheppard Mullin Richter & Hampton LLP on

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

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

Proskauer - Law and the Workplace on

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

Saiber LLC

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

Saiber LLC on

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

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

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

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

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.

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

Jackson Lewis P.C. on

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

Proskauer - Law and the Workplace

[Podcast] AI at Work: Training Data Issues

Proskauer - Law and the Workplace on

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more

Fisher Phillips

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

Fisher Phillips on

Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider...more

Troutman Pepper Locke

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Troutman Pepper Locke on

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

Seyfarth Shaw LLP

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

Seyfarth Shaw LLP on

Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Seyfarth Shaw LLP

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

Clark Hill PLC

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

Clark Hill PLC on

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

Robinson Bradshaw

Employers, Be Wary of Built-in Bias from AI Vendors

Robinson Bradshaw on

Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn to...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

Ballard Spahr LLP

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent...

Ballard Spahr LLP on

On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more

Akerman LLP - HR Defense

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

Akerman LLP - HR Defense on

Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

CDF Labor Law LLP

California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

CDF Labor Law LLP on

The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more

Fisher Phillips

Colorado Lawmakers Pass Landmark AI Discrimination Bill – and Employers Across the Country Should Take Notice

Fisher Phillips on

Colorado is close to becoming the first state to enact a law prohibiting employers from using artificial intelligence to discriminate against their workers – and requiring companies to take extensive measures to avoid such...more

Robinson+Cole Data Privacy + Security Insider

AI, Government Contractors, and Employment Discrimination

Robinson+Cole Data Privacy + Security Insider on

Increasingly, companies use AI to evaluate job applications and make interviewing or hiring decisions. However, government contractors who use artificial intelligence to evaluate job applications should ensure that the AI not...more

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