News & Analysis as of

Machine Learning Employment Discrimination Algorithms

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

California’s Wait Is Nearly Over: New AI Employment Discrimination Regulations Move Toward Final Publication

The California Civil Rights Council has advanced new regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems, clearing the way for them to take effect later this year. ...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Black Box Issues

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

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This article provides guidance and best practices for counseling employers on key employment discrimination and diversity, equity and inclusion-related legal issues associated with using artificial intelligence tools. ...more

CDF Labor Law LLP

New Proposed Regulations Will Impact How Businesses Utilize AI to Make Personnel Decisions

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It is no surprise that businesses are seeking ways to utilize AI to increase efficiency, including developing automated decision-making systems to assist in hiring and promotion processes. The California Civil Rights Council...more

Littler

AI in the Garden State: New Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination

Littler on

On January 9, 2025, the New Jersey attorney general and the Division of Civil Rights (DCR) announced that the DCR has launched a new Civil Rights and Technology Initiative to address the risks of discrimination stemming from...more

Mayer Brown

Applying the Enterprise Risk Mindset to AI

Mayer Brown on

Artificial intelligence (AI) and other emerging technologies have the potential to revolutionize the financial industry. At the same time, its use introduces new risks that need to be anticipated and addressed. This paper...more

Lerch, Early & Brewer

Recent Employment Law Updates in Artificial Intelligence

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Utilizing artificial intelligence in the workplace offers promises of increased efficiencies, error reduction, improved communication, and lower costs. Employers, for instance, may be able to use AI-powered chatbots to...more

Littler

What Does the 2025 Artificial Intelligence Legislative and Regulatory Landscape Look Like for Employers?

Littler on

“Algorithmic discrimination” refers to the use of an artificial intelligence (AI) system that results in differential treatment or impact disfavoring an individual based on protected characteristics (e.g., age, color,...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Training Data Issues

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more

IMS Legal Strategies

The Future Is Now: Preparing for Today’s and Tomorrow’s AI Litigation

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Recent developments in artificial intelligence (AI) have taken the world by storm, with many industry leaders and technology optimists eagerly anticipating its integration into processes and solutions across nearly every...more

Fisher Phillips

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

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Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider...more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Troutman Pepper Locke

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

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Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Seyfarth Shaw LLP

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

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Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Seyfarth Shaw LLP

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

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Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

Clark Hill PLC

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

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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

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Ballard Spahr LLP

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent...

Ballard Spahr LLP on

On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more

Epstein Becker & Green

An Oxymoron or a Road Map? US Department of Labor’s Artificial Intelligence and Worker Well-Being

The Department of Labor's (DOL) May 16, 2024 guidance, Artificial Intelligence and Worker Well-Being: Principles for Developers and Employers, published in response to the mandates of Executive Order 14110 (EO 14110)...more

Akerman LLP - HR Defense

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

Seyfarth Shaw LLP

White House Finalizes AI Risk Management Standards for Federal Agencies, Hinting at Future Guidelines for Private Sector

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The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...more

Ius Laboris

Discrimination and bias in AI recruitment: a case study

Ius Laboris on

Barely a day goes by without the media reporting the potential benefits of or threats from AI. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case...more

Seyfarth Shaw LLP

How the Federal Government’s AI Risk Management Practices Will Set the Standard: A Closer Look at Government Action Following...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following President Biden’s comprehensive Executive Order on AI, the White House announced the formation of the “US AI Safety Institute” within the Commerce Department’s technology arm, the NIST. The...more

Littler

President Biden Issues Landmark Artificial Intelligence Executive Order

Littler on

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial...more

Seyfarth Shaw LLP

President Biden Signs Executive Order Setting Forth Broad Directives for Artificial Intelligence Regulation and Enforcement

Seyfarth Shaw LLP on

Seyfarth synopsis: President Biden’s Executive Order on artificial intelligence sets forth his vision for America to continue leading in AI innovation while also addressing risks associated with the use of AI. While much of...more

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