News & Analysis as of May 5, 2025

Big Data

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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 -

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on 2/20/2025

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

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

Baker Donelson on 4/21/2022

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

Striking A Balance: Managing The Workplace With Data-Driven Solutions

Jackson Lewis P.C. on 7/19/2017

Most of us encounter the use of analytics in our everyday lives and give little thought to its use. Have you ever applied for a credit card or loan and were asked to provide a list of your outstanding financial obligations?...more

Littler’s Marko Mrkonich Testifies at EEOC Meeting on Implications of Big Data in Employment

Littler on 10/17/2016

On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Robinson+Cole Data Privacy + Security Insider on 9/19/2016

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Big Data, Big Problems: The Liability Pitfall Lurking Beneath the Shiny Surface of “People Analytics”

Orrick - Employment Law and Litigation on 11/4/2015

The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more

Big Data in Human Resources = Big Decisions for HR Pros

Zelle LLP on 10/16/2015

Big data, data analytics, talent analytics, HR analytics, people analytics. There are many names to describe the use of data science in human resources, and as the list grows, the promise of this technology continues to...more

Big Data & Employer Recordkeeping Requirements

Zelle LLP on 7/17/2015

Last week, the Equal Employment Opportunity Commission sued a janitorial and facilities management company for its failure to keep adequate recruitment records. The EEOC alleges that the company used “criminal history...more

That is SO last week - July 2015 #2

Zelle LLP on 7/14/2015

Last week, The New York Times’ The Upshot blog covered a topic that has been one of our top concerns for a while: how big data can discriminate. The post followed a Carnegie Mellon University study that reported, among many...more

Big Data and Human Resources—Letting the Computer Decide?

Morrison & Foerster LLP on 3/25/2015

Employees are a company’s greatest asset, but if the company gets hiring decisions wrong, employees could also be the company’s greatest expense. Accordingly, recruiting the right people and retaining and promoting the best,...more

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