News & Analysis as of

Hiring & Firing › New Guidance

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... more +
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 -
Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

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On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Genova Burns LLC

“Unlawful DEI” Explained (Or Not) By New EEOC Guidance

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On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

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The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

Venable LLP

Defining ‘DEI-Related Discrimination’: Recent Moves by the EEOC Shed Further Light on the Trump Administration’s DEI Focus

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The Equal Employment Opportunity Commission (EEOC) was busy last week in the diversity, equity, and inclusion (DEI) space, offering further insight into practices and programs likely to be scrutinized following President...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

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In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

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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

Bricker Graydon LLP

Update from the Office of the Attorney General on Charging Decisions, Plea Negotiations, and Sentencing

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For those who do not practice in the criminal realm, a few changes have come out recently that might impact employers and private companies related to immigration generally, as well as hiring, internal audits and internal...more

Fisher Phillips

Top 5 Things Employers Need to Know About the EU’s Latest AI Guidance

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The European Union just provided much-needed clarity on what’s prohibited under its landmark EU AI Act, releasing guidance earlier this week on how businesses can comply with the law right as it begins to take effect across...more

Saiber LLC

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology...

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On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more

Perkins Coie

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

Perkins Coie on

On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

Seyfarth Shaw LLP

Understanding the First Preference Extraordinary Ability Category for Immigrant Visas and USCIS’s New Guidance

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The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts,...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

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Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

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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

Perkins Coie

OFCCP Releases New AI Guidance for Federal Contractors

Perkins Coie on

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

Seyfarth Shaw LLP

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

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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

Littler

Artificial Intelligence Executive Order WHD and OFCCP Guidance Issued

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

European Parliament Adopts Artificial Intelligence Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 13, 2024, European Union policymakers finally passed the long anticipated Artificial Intelligence Act (AI Act), the world’s first comprehensive artificial intelligence (AI) legislation, providing employers with...more

A&O Shearman

Government publishes fire and rehire draft code of practice

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The Government publishes guidance (the Code) on the use of 'fire and rehire' tactics, where employers dismiss and rehire workers, usually on less favourable terms....more

Guidepost Solutions LLC

Will your Due Diligence Program Meet the New DFS Requirement?

Guidepost Solutions LLC on

The final guidance, issued by DFS on January 22, 2024, requires “regular and rigorous” vetting of key personnel at banking organizations and non-depository institutions. It is clear, that DFS is focused on enhanced scrutiny...more

McNees Wallace & Nurick LLC

Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment

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In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced...more

Seyfarth Shaw LLP

EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

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Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

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Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

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