News & Analysis as of September 22, 2024

Bias

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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

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

Clark Hill PLC on 8/1/2024

A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....more

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on 7/23/2024

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Why Using AI in Employment Practices Can Bring Unwanted Risk

Tonkon Torp LLP on 4/2/2024

Artificial intelligence (AI) has become ubiquitous and its impact in the employment arena is notable. Using AI tools in employment can bring efficiency, particularly in the hiring process, but the use of these time-saving...more

Fifth Circuit Applies Its New Broader Title VII Standard in Bias Case

Epstein Becker & Green on 12/5/2023

On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...more

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on 9/1/2023

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

10 Biggest Takeaways for Employers as Federal Appeals Court Expands Scope of Anti-Bias Law

Fisher Phillips on 8/22/2023

One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th...more

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

Husch Blackwell LLP on 7/20/2023

Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

Benefits and Legal Risks of Using Generative AI in Hiring Offers

Foster Swift Collins & Smith on 7/11/2023

Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on 6/29/2023

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more

EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under...

K&L Gates LLP on 6/2/2023

On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing,...more

“AI Made Me Do It” No Defense When Using Automation in Employment

Sherman & Howard L.L.C. on 2/24/2023

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary...more

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

Proskauer - Law and the Workplace on 4/5/2022

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices

Jackson Lewis P.C. on 12/20/2021

In a groundbreaking move, likely to have significant impact on employee hiring and HR tech, the New York City Council has passed a measure (“the NYC measure”) that bans the use of automated decision-making tools to (1) screen...more

An Employer's Guide To Addressing Workplace Diversity

Proskauer Rose LLP on 10/27/2020

Recent events and attendant social justice movements have thrust long-standing racial inequities into the spotlight and ignited a national and global conversation. That conversation has not only taken place in the streets,...more

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

Polsinelli on 7/4/2020

In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.” With its decision, however, the Supreme Court...more

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on 11/4/2019

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Google: Demonstrating The Hazards Of Employment Discrimination From Every Angle

Seyfarth Shaw LLP on 6/25/2019

Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more

Getting Unconscious Bias Into Your Company’s Consciousness

Fisher Phillips on 1/5/2018

If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are...more

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

U.S. Equal Employment Opportunity Commission... on 8/28/2017

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

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