News & Analysis as of September 25, 2024

Analytics

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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 -

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/3/2023

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...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

New York City to Restrict Use of Automated Employment Decision Tools: What Employers Should Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2022

Employers and employment agencies in New York City that currently utilize, or expect to utilize, automated tools to make employment decisions may wish to begin planning now for restrictions that will take effect on January 1,...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

Employment Law Navigator – Week in Review: November 30, 2015

Zelle LLP on 11/30/2015

Last week, a LinkedIn job posting caught the eye of The Huffington Post because it included the following language: “The position is for a receptionist, so female candidates are preferred.” This is exactly the type of...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

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