News & Analysis as of September 22, 2024

Job Applicants

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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 -

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

Saul Ewing LLP on 9/3/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

Illinois Becomes Second State to Enact AI Law for Employers

DLA Piper on 8/26/2024

On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Bradley Arant Boult Cummings LLP on 8/15/2024

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on 7/30/2024

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

Harris Beach PLLC on 7/19/2024

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on 4/26/2024

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

BaronHR to Pay $2.2 Million in EEOC Hiring Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 4/10/2024

Temporary Staffing Company Resolves Federal Charges It Discriminated Against Workers Based on Race, National Origin, Sex and Disability - LOS ANGELES – Nationwide staffing agency BaronHR, LLC will pay $2.2 million and...more

New York Expands Anti-Discrimination Laws for Nonresident Job Seekers

Hinshaw & Culbertson - Employment Law... on 4/5/2024

On March 14, 2024, the New York Court of Appeals held that nonresident prospective employees who seek employment opportunities in New York State or New York City and are denied due to discriminatory conduct are eligible to...more

Navigating AI in the Workplace and Recruitment

Mayer Brown on 3/22/2024

In recent years, we have seen an increase in employers using artificial intelligence (AI) in the workplace, whether to assist with decision-making and staff management across the life-cycle of the employment relationship or...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

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024

Bradley Arant Boult Cummings LLP on 12/20/2023

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

New York City Bans Employment Discrimination Based on Height and Weight

Patterson Belknap Webb & Tyler LLP on 6/21/2023

On May 26, 2023, Mayor Adams signed into law an amendment to the New York City Human Rights Law, banning discrimination on the basis of an individual’s height or weight. The law will become effective on November 22, 2023. ...more

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Bradley Arant Boult Cummings LLP on 5/26/2023

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

NYC Issues Final Regulations for Automated Employment Decision Tools Law, Delays Enforcement to July 5, 2023

Sheppard Mullin Richter & Hampton LLP on 4/13/2023

On April 6, 2023, the New York City Department of Consumer and Workforce Protection (“DCWP”) promulgated its final regulations (the “Final Regulations”) regarding the New York City Automated Employment Decision Tools Law...more

Update on EEOC Scrutiny of Artificial Intelligence Tools

Frantz Ward LLP on 2/15/2023

We previously reported that disability advocates for many years had been asking for action with respect to the use of artificial intelligence (“AI”) tools, as it is estimated that approximately 80% of employers use some form...more

California Labor Commissioner Issues FAQs Clarifying Pay Transparency Law

Sheppard Mullin Richter & Hampton LLP on 1/17/2023

As we previously reported here last fall, California enacted a pay transparency law (SB 1162) requiring employers with 15 or more employees to disclose pay scales in job postings beginning January 1, 2023. The Labor...more

The Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar

Bradley Arant Boult Cummings LLP on 6/7/2022

Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more...more

The Department of Fair Employment and Housing Ramps Up Enforcement of California’s “Ban-the-Box” Law

Sheppard Mullin Richter & Hampton LLP on 12/9/2021

The California Department of Fair Employment and Housing (“DFEH”) recently announced a new effort to identify and correct violations of the Fair Chance Act. The Fair Chance Act, which was enacted in January 2018 and is...more

Asking Applicants For Vax Status? Not So Fast, Employers.

Constangy, Brooks, Smith & Prophete, LLP on 10/8/2021

I'm not sure the ADA will let you do that. There has been a lot in the news lately about job applicants who include their COVID-19 vaccination status on their resumes, employers who ask applicants for that information, and...more

Philadelphia Enacts Amendments to and Expands Coverage of its Background Screening Ordinances

Littler on 1/27/2021

For years, Philadelphia has maintained ordinances substantially restricting employers’ use of criminal record and credit histories in employment screening. These regulations are in addition to, not in lieu of, the federal...more

OFCCP Audits Are Coming: 6 Tips to Help You Prepare

PilieroMazza PLLC on 9/17/2020

The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit...more

EEOC Sues United Precision Products Company for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 4/15/2020

Aerospace Component Supplier Discriminated Against Applicant Because of his Age, Federal Agency Charges - DETROIT - United Precision Products Co., Inc., a supplier of aerospace components based in Dearborn Heights,...more

Law Firms: Are You Ready for OFCCP to Come Knocking?

Polsinelli on 4/12/2019

“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more

EEOC Sues Norfolk Southern For Age Discrimination

U.S. Equal Employment Opportunity Commission... on 9/27/2018

Railroad Failed to Hire Older Workers as Special Agents, Federal Agency Charges - NEW YORK, NY - Norfolk Southern Corporation, which operates a 20,000-mile freight railroad system in the eastern United States, violated...more

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