News & Analysis as of

Job Applicants Department of Justice (DOJ)

Alston & Bird

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

Alston & Bird on

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

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

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We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Dorsey & Whitney LLP

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

Dorsey & Whitney LLP on

It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace...more

Davis Wright Tremaine LLP

Federal Agencies Will Jointly Look for Bias and Discrimination in AI - DOJ, FTC, CFPB, and EEOC Announce Joint Commitment to Use...

On April 25, 2023, the Federal Trade Commission (FTC), the Civil Rights Division of the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the U.S. Equal Employment Opportunity Commission...more

WilmerHale

Four Federal Agencies Reaffirm Authority to Monitor Automated Systems for Unlawful Discrimination and Other Federal Law Violations

WilmerHale on

On April 25, 2023 four federal agencies—the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), and the U.S. Equal Employment Opportunity Commission...more

BCLP

New York City Finalizes Rules for AI Bias in Employment Law and Postpones Enforcement until July 2023

BCLP on

Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more

Weintraub Tobin

California Expands Criminal Record Relief

Weintraub Tobin on

California recently passed Senate Bill 731 (“SB 731”) into law which significantly expands the automatic sealing eligibility of most felonies that occurred on or after January 1, 2005, if certain circumstances are met. This...more

DirectEmployers Association

DE Under 3: USDOJ’s Settlement Affecting Recruiters, OFCCP’s AAP Verification Deadline Extension & SCOTUS’ New Ruling

Lots to recap from the latest OFCCP Week in Review, including the USDOJ’s settlement of discrimination claims against 16 employers (and what this means for recruiters moving forward!), OFCCP’s quiet extension of the AAP...more

DirectEmployers Association

OFCCP Week In Review: July 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

Holland & Knight LLP on

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Fox Rothschild LLP

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

Fox Rothschild LLP on

The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more

ArentFox Schiff

Privacy Report: California Privacy Protection Agency Releases Draft CPRA Regulations

ArentFox Schiff on

California Privacy Protection Agency Releases Draft CPRA Regulations - The California Privacy Protection Agency (CPPA) just released proposed California Privacy Rights Act (CPRA) regulations. The regulations expand...more

Saiber LLC

Justice Department and EEOC Caution the Use of Artificial Intelligence to Make Employment Decisions

Saiber LLC on

Employers should be aware that AI and other software tools may result in unlawful discrimination against people with disabilities in violation of the American with Disabilities Act - On May 12, 2022, the U.S. Department...more

Foley & Lardner LLP

On The Lookout For Imposters In Virtual Job Interviews

Foley & Lardner LLP on

In the movie classic "Good Will Hunting," the interviewers are shocked and dismayed when Ben Affleck's character appears at an interview intended for Matt Damon's character. Based on Damon's resume and other...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on

As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

McAfee & Taft

Employers’ algorithms and AI software may be discriminating against applicants and employees with disabilities

McAfee & Taft on

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) issued guidance to caution employers about using artificial intelligence (“AI”) and software tools to make...more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

Jackson Lewis P.C. on

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

Proskauer - Law and the Workplace

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

Employers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job...more

DirectEmployers Association

DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace

Tune in to this week's DE Under 3 as our experts share the recent technical guidance issued by the EEOC and the Department of Justice on employer's use of artificial intelligence in the workplace; the upcoming EEOC hearing on...more

Hogan Lovells

EEOC and DOJ warn that use of AI tools in employment decisions can violate ADA

Hogan Lovells on

The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Fisher Phillips on

Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

Faegre Drinker Biddle & Reath LLP

EEOC, DOJ: Using AI Technology in Employment-Related Decisions May Violate ADA

Employers increasingly rely on computer-based tools to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing terms and conditions of employment. Automatic...more

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