News & Analysis as of May 22, 2025

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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 -

Another Legal Challenge to an AI Interviewing Tool

Proskauer - Law and the Workplace on 4/30/2025

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

Colorado Governor Signs Broad AI Bill Regulating Employment Decisions

Seyfarth Shaw LLP on 5/23/2024

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more

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

Littler on 3/1/2024

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

AI Legislation Update: February 14, 2024

Husch Blackwell LLP on 2/14/2024

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

EEOC's Settlement Challenging Simple Algorithm Provides Warning for Employers Using Artificial Intelligence

Seyfarth Shaw LLP on 8/23/2023

Seyfarth Synopsis: Recently, the US Equal Employment Opportunity Commission (“EEOC”) filed a settlement agreement in a lawsuit that many are calling the EEOC’s “first-ever” artificial intelligence discrimination in hiring...more

Artificial Intelligence — From Risk to Reward: Key Questions to Address When Crafting Generative AI Usage Policies

Troutman Pepper Locke on 8/22/2023

Generative artificial intelligence (AI) has seemingly infiltrated every aspect of corporate America, and organizations’ legal, compliance, and human resources departments are understandably struggling to keep pace with its...more

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on 6/29/2023

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

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Wilson Sonsini Goodrich & Rosati on 10/7/2022

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

Artificial Intelligence Briefing: FTC Holds Forum on Commercial Surveillance and Data Security

Faegre Drinker Biddle & Reath LLP on 9/28/2022

Our latest briefing explores the recent FTC commercial surveillance and data security forum (including discussion on widespread use of AI and algorithms in advertising), California’s inquiry into potentially discriminatory...more

New York City Will Soon Regulate Use of Artificial Intelligence in Employment Decisions

Benesch on 8/31/2022

On January 1, 2023, New York City employers will have to comply with a new law aimed at preventing bias in artificial intelligence hiring tools. These tools, which include algorithms and software geared towards finding...more

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

Sheppard Mullin Richter & Hampton LLP on 6/13/2022

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Artificial Intelligence Tools in Employment: The EEOC is Watching Too

Moore & Van Allen PLLC on 5/25/2022

The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The...more

The EU Is Preparing for Artificial Intelligence. What About the US?

Fox Rothschild LLP on 4/25/2022

The European Union is gearing up to regulate AI, but what is the U.S. doing? •There are new Federal algorithmic transparency bills being filed: •The Algorithmic Accountability Act of 2022, introduced by Senator Ron Wyden...more

Artificial Intelligence in HR: A blessing and a curse

Constangy, Brooks, Smith & Prophete, LLP on 2/17/2022

How could something so convenient be so risky? Artificial intelligence in Human Resources is the greatest, right? It can screen thousands of applications in nanoseconds and narrow the field just to the types of people with...more

New York City Enacts Law that Hinders Use of Automated Tools in Hiring and Promotion Decisions

Littler on 12/28/2021

New York City marked the end of 2021 by enacting a law that will make it challenging, if not infeasible, to use a broad swath of algorithmic, computerized tools to review, select, rank or eliminate candidates for employment...more

EEOC Prepares to Tackle Artificial Intelligence and Algorithmic Bias

Proskauer - Law and the Workplace on 11/16/2021

On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more

EEOC Increases Focus on Artificial Intelligence and Algorithmic Fairness

Littler on 11/16/2021

On Thursday, October 28, 2021, the U.S. Equal Employment Opportunity Commission announced the launch of an initiative aimed at ensuring that the use of artificial intelligence (AI) and other technology-driven tools utilized...more

Hiring by Algorithm: Legal Issues Presented by the Use of Artificial Intelligence in Sourcing and Selection

Epstein Becker & Green on 3/18/2021

Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to...more

[Virtual Briefing] Bias in Artificial Intelligence: Legal Risks and Solutions - March 23rd, 1:00 pm - 4:00 pm ET

Epstein Becker & Green on 2/12/2021

You've likely seen the headlines. Online recruiting tools that unfairly screen out women and minorities. Facial recognition tools used in law enforcement that misidentify specific demographic groups. Algorithms that place...more

Will AI Create More Problems Than It Solves in Recruiting?

Morgan Lewis on 2/5/2021

Many businesses will need to make rapid hiring decisions as they reopen quickly during the pandemic. With limited time, applicants who may not be a good fit, and an increased focus on finding qualified diverse candidates ...more

Artificial Intelligence is Starting to Shape the Future of the Workplace

Seyfarth Shaw LLP on 2/26/2020

Seyfarth Synopsis: As companies face increasing competition for the best talent within the marketplace, a growing number of businesses are turning to artificial intelligence and data driven strategies to more effectively...more

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

U.S. Equal Employment Opportunity Commission... on 10/14/2016

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

Is That Recruiting Technology Compliant?

Zelle LLP on 2/11/2016

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....more

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