News & Analysis as of April 30, 2025

Algorithms

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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

New California Regulations Target AI Use in Hiring Employees

Lewitt Hackman on 4/25/2025

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

No Robo Bosses: Proposed Legislation to Curb AI in the Workplace

Snell & Wilmer on 4/21/2025

In recent years, the increasing use of automated decision systems(“ADS”) in employment practices has raised concerns over worker rights, privacy, and fairness. As AI systems become more sophisticated and widespread, the...more

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

Foley & Lardner LLP on 4/1/2025

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

New Jersey Updates Discrimination Law: New Rules for AI Fairness

Sheppard Mullin Richter & Hampton LLP on 2/24/2025

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

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

Jackson Lewis P.C. on 1/13/2025

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

Understanding the Colorado AI Act

Cozen O'Connor on 10/30/2024

With the governor’s signature, Colorado has enacted a new consumer protection law focused on artificial intelligence (“AI”) systems. The “Colorado AI Act” will go into effect on February 1, 2026. It will have a minor impact...more

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

Jackson Lewis P.C. on 10/24/2024

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

What Employers Need to Know About Colorado’s New AI Law

Husch Blackwell LLP on 6/19/2024

Colorado recently became the first state to regulate the use of high-risk artificial intelligence (AI) systems to prevent algorithmic discrimination by developers and deployers of AI systems. The Colorado AI Act is broad in...more

AI Legislation Update: April 25, 2024

Husch Blackwell LLP on 4/25/2024

Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an...more

AI Legislation Update: March 26, 2024

Husch Blackwell LLP on 3/26/2024

Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights,...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

AI Regulation: 2023 Recap and 2024 Outlook

Shook, Hardy & Bacon L.L.P. on 1/8/2024

2023 was an active year for AI regulation but 2024 looks to be even busier. Below we summarize the key regulatory developments from last year and try to predict what will come next....more

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Miles Mediation & Arbitration on 10/4/2023

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Proposed Senate Bill: The No Robot Bosses Act of 2023

DCI Consulting on 8/11/2023

Federal focus on broadly understanding, regulating, and balancing the benefits and risks related to the use of artificial intelligence (AI) continues to grow; increasingly, there is activity on this front related to the use...more

Navigating New York City’s Law on Use of AI in Hiring and Promotions

Lowenstein Sandler LLP on 7/26/2023

New York City has begun to enforce a law initially passed in 2021 that requires employers to take certain steps before implementing an automated employment decision tool (AEDT). The law reflects a growing focus on the use of...more

New York City's New AI Bias Law

Vedder Price on 7/19/2023

As artificial intelligence (“AI”) tools like ChatGPT, Bing and Baird become more popular, legislation addressing such technology is inevitable. New York City has implemented the first law in the United States that regulates...more

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

Jones Day on 7/7/2023

Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Perkins Coie on 6/1/2023

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

Federal Government Signals Enforcement Priority Regarding Artificial Intelligence Tools in The Workplace

CDF Labor Law LLP on 5/22/2023

On top of last week’s Senate hearing into artificial intelligence (“AI”) featuring the testimony of OpenAI’s CEO, Sam Altman, the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”)...more

New York City Issues Final Rule on AI Bias Law and Postpones Enforcement to July 2023

Morgan Lewis on 4/20/2023

The New York City Department of Consumer and Worker Protection (DCWP) issued a Final Rule implementing New York City Local Law 144 (the AI Law) and announced July 5, 2023 as the new effective date for implementation and...more

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