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Machine Learning Equal Employment Opportunity Commission (EEOC) Employer Liability Issues

Fisher Phillips

Top 2025 Predictions for Artificial Intelligence

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Our AI, Data, and Analytics Team thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

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On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

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2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...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

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

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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

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Dentons

AI – Not Just a Benign Buzzword

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AI is a buzzword on everyone’s lips in 2024, and to quote a hit song from the 1980s, apparently “The future’s so bright I gotta wear shades.” In other words, many are quick to sing the praises of AI and the opportunities that...more

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

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We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

Faegre Drinker Biddle & Reath LLP

Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department of...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

Troutman Pepper Locke

Keepin’ It Real: Considerations for Employers Using Artificial Intelligence

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Artificial intelligence (“AI”) enjoys headline limelight every day it seems, as its uses continue to expand. Notably, employers are using the latest in technology too. Not insignificantly, the usage of AI tools has raised...more

Bradley Arant Boult Cummings LLP

Four New Year’s Resolutions for Employers

New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions...more

Ward and Smith, P.A.

An Interview with EEOC Director Tom Colclough

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Attendees of Ward and Smith’s recent annual Employment Law Symposium received insights on key employment law developments in an interactive discussion between Emily Massey, a labor and employment attorney, and Tom...more

Troutman Pepper Locke

Generative AI in the Workplace: It’s Not ‘The Matrix’ Reloaded

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Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more

Dickinson Wright

Is Your HR Department Aware of the Latest EEOC Priorities?

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Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the...more

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Nelson Mullins Riley & Scarborough LLP

Recent EEOC Action Updates for Employers Relating to AI Hiring Tools, Pregnancy, and Pay Reporting

On August 9, 2023, the Equal Employment Opportunity Commission’s (“EEOC”) new Commissioner, Kalpana Kotagal, was sworn in, likely bringing more employee-friendly policies with her into the role.  In the past month, the EEOC...more

Williams Mullen

Government Says Artificial Intelligence Discriminated Against Older Job Applicants

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Artificial Intelligence (AI) is back in the news after the United States Equal Employment Opportunity Commission (EEOC) sued an online tutoring company for alleged discrimination in violation of the Age Discrimination in...more

CDF Labor Law LLP

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

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Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more

Troutman Pepper Locke

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

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Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

Goodwin

What Employers Need to Know About Use of Generative AI at Work

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Generative AI could profoundly affect workplace dynamics, potentially bringing significant benefits to companies that are able to manage the risks. Here we focus on employment law as it relates to use of generative AI at...more

Dorsey & Whitney LLP

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

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The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

Jones Day

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

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Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Polsinelli

EEOC Issues Guidance for Use of Artificial Intelligence in Employment Selections

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So far in 2023, artificial intelligence (AI) has been at the leading edge of the technological revolution, as the potential applications for tools like ChatGPT have drawn considerable buzz.  In April 2023, we reported on New...more

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