DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability
National Security Podcast: US Government Zeros in on China
Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
Jones Day Talks: EU's New Foreign Direct Investment Regulations Eye Specific Sectors
It’s OCI season, and law firms are already scrambling to recruit the next batch of summer associates. But it’s imperative to remember that your potential summer associates carry risk, too — and a Zoom interview and a quick...more
Interesting story for employers whose ATS uses AI for hiring activities! Listen in as Candee and John discuss the Mobley v. Workday case in which a District Court recently ruled that Workday acts as agent of the employer,...more
Employers typically expend a great deal of effort on application processes, in order to make an informed hiring decision and to avoid hiring unsuitable candidates who quit or are fired after a short time....more
Can an employer review social media posts for the purpose of assessing job candidates? Sometimes, according to a guide on data protection in employment released by the national Data Protection Authority for Latvia, Datu...more
In a joint statement issued on April 4, 2024, five federal agencies, including the Department of Labor, announced they will apply their enforcement authorities to the use of automated systems, including artificial...more
On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more
While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more
In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more
Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process,...more
Tune into this episode of DE Under 3 as our labor law experts dive into the recently dismissed complaint alleging that the algorithm-based applicant screening tool, Workday, discriminated against the plaintiff and other...more
The District of Columbia will soon join an ever-growing list of jurisdictions that require employers to disclose compensation on job postings. In addition to pay scale disclosure, the District of Columbia Wage Transparency...more
Candidates Lie - Here’s What You Can Do About It - Candidates may embellish or outright lie during the application and hiring process. This is a situation many HR professionals are already familiar with, but what happens...more
Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more
A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA....more
The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more
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
Searching the internet for “AI and litigation” reveals tons of results about how AI will either replace lawyers or transform the legal profession. These results are unsurprising. Since the early 2010s, articles focusing on...more
Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more
The Equal Employment Opportunity Commission (EEOC) has issued a resource outlining potential liability under Title VII of the Civil Rights Act of 1964 (Title VII) for employers who utilize algorithmic decision-making...more
WASHINGTON – Today the Equal Employment Opportunity Commission (EEOC) released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection...more
On Tuesday, May 9, 2023, Governor Inslee signed into law Senate Bill No. 5123, which will protect prospective employees from discrimination in hiring due to their lawful, off-duty use of marijuana. With this law, Washington...more
For nearly a decade, Chicago has maintained a “ban-the-box” ordinance restricting employer’s use of criminal records in employment screening. This ordinance largely mirrored the requirements of Illinois’ state-wide Job...more
Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...more
Student safety and security is of paramount importance in independent schools. While the goal of a hiring process is primarily to find the best candidate for the position, it is imperative that schools craft policies and...more