News & Analysis as of May 2, 2025

Office of Federal Contract Compliance Programs

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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 -

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on 3/31/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

How Manufacturers Can Avoid Potential Pitfalls of AI-Based Recruitment

Jackson Lewis P.C. on 9/27/2024

The manufacturing industry is familiar with strategically integrating automation tools and technologies to address labor shortages and promote safety and productivity in the workplace. Manufacturers exploring the potential...more

Navigating Artificial Intelligence in the Workplace

Bricker Graydon LLP on 7/26/2024

An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

US Department of Labor’s Office of Federal Contract Compliance Offers AI Guidance for Government Contractors and Other Employers

Robinson+Cole Data Privacy + Security Insider on 6/14/2024

On October 30, 2023, President Biden issued Executive Order 14110, aiming to ensure the responsible and safe development and use of Artificial Intelligence (AI) in federal hiring. In compliance, the US Department of Labor’s...more

US Department of Labor Publishes Guidelines Addressing Use of AI in Employment Decisions

Morgan Lewis on 5/21/2024

The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued guidance for the use of artificial intelligence (AI) by federal contractors in employment decisions....more

OFCCP Releases New AI Guidance for Federal Contractors

Perkins Coie on 5/20/2024

The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more

Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers...

Seyfarth Shaw LLP on 5/6/2024

On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more

Artificial Intelligence Executive Order WHD and OFCCP Guidance Issued

Littler on 5/1/2024

On April 29, 2024, the White House released a statement entitled, “Biden-⁠Harris Administration Announces Key AI Actions 180 Days Following President Biden’s Landmark Executive Order.” A few hours later, the U.S. Department...more

Employment Law Update: The Department of Labor Joins Growing List of Agencies Targeting AI Selection Tools for Enforcement

Whiteford on 4/11/2024

In a joint statement issued on April 4, 2024, five federal agencies, including the Department of Labor, announced they will apply their enforcement authorities to the use of automated systems, including artificial...more

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on 3/27/2024

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

DCI Consulting on 1/29/2024

DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on 12/29/2023

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on 10/31/2023

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

OFCCP Preparing to Scrutinize Federal Contractors’ Use of AI Hiring Tools and Other Technology-based Selection Procedures

Littler on 9/7/2023

On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect...more

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on 9/5/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

EEOC Reminds Employers That Automated Decision-Making Systems Might Discriminate

Davis Wright Tremaine LLP on 5/25/2023

Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class - Last week, the Equal Employment Opportunity Commission (EEOC)...more

Increased Federal Focus on Artificial Intelligence in Employee Selection

DCI Consulting on 1/27/2023

Recently, New York City’s law related to the use of automated employment decision tools (where hiring/promotion decisions involve algorithmically-driven mechanisms) has garnered much attention. Other local/state entities...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

Implementing Illinois’ AI Video Interview Act: Five Steps Employers Can Take to Address Hidden Questions and Integrate Policies...

Littler on 9/19/2019

In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring...more

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