News & Analysis as of

Americans with Disabilities Act (ADA) Job Applicants

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Adams and Reese LLP

What Can Employers Ask Military Veterans During Job Interviews?

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There are more than 8 million employed veterans, or about one out of every 20 U.S. civilian workers (Bureau of Labor Statistics). We have discussed in previous Vets to Ventures articles why veterans become valuable employees...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Fisher Phillips

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Employers, don't get tripped up in this "GINA" trap

Asking about family history is usually illegal. Oh. My. Gosh. United Airlines required post-offer medical examinations for its new hires. Nothing wrong with that -- it's specifically allowed under the Americans with...more

DirectEmployers Association

[Webinar] Crafting a Career Site Experience Accessible to All - July 16th, 2:00 pm ET

For individuals with disabilities, navigating the internet as a job seeker often leads to unforeseen obstacles, such as improper video captioning and color contrast, ultimately leading to a poor candidate experience. One way...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

U.S. Equal Employment Opportunity Commission...

The Modern Group and Dragon Rig Sales to Pay $35,000 in EEOC Disability Discrimination Lawsuit

Settles Federal Charges That Industrial Manufacturing and Service Company and Its Subsidiary Subjected Applicant to Discrimination Because of His Disabilities - BEAUMONT, Texas – The Modern Group, Ltd. (TMG), headquartered...more

DirectEmployers Association

[Webinar] Masterclass Employment Law Roundtable | Thinking Holistically to Make Job Descriptions More Gender-Neutral and...

Candee Chambers, Executive Director of DirectEmployers Association, will lead this 60-minute, conversation-driven DE Masterclass Roundtable discussing how to broaden your thinking when it comes to job descriptions in order to...more

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

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Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

Tonkon Torp LLP

Why Using AI in Employment Practices Can Bring Unwanted Risk

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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

K&L Gates LLP

Should Job Applicants be Permitted to Use Artificial Intelligence?

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As employers explore ways to use Artificial Intelligence (AI) within the bounds of existing and emerging legislation and guidance, and as government agencies, states, and municipalities seek to regulate AI in employment and...more

Seyfarth Shaw LLP

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

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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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Atlantic Properties Management Corporation and Diversified Funding for Disability Discrimination and Retaliation

Federal Agency Charges Property Management Companies With Revoking Job Offer From Woman With Breast Cancer - BOSTON – Atlantic Properties Management Corporation and its affiliate, Diversified Funding, Inc., property...more

Alston & Bird

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird on

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2024?

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FP Weekly often provides readers with a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

U.S. Equal Employment Opportunity Commission...

Cloudbeds to Pay $150,000 to Resolve EEOC Disability Discrimination Lawsuit

Remote Technology Company Settles EEOC Lawsuit Alleging it Refused to Accommodate and Hire a Deaf Applicant - BOSTON – Remote-first global technology company Digital Arbitrage, Inc., doing business as Cloudbeds, will pay...more

Sherman & Howard L.L.C.

Automation & Employment Discrimination

Sherman & Howard L.L.C. on

Employers are increasingly using some form of Artificial Intelligence (“AI”) in employment processes and decisions. Per the Equal Employment Opportunities Commission (“EEOC”), examples include:...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Phoenix Center for Disability Discrimination

Recovery Center Fired and Refused to Hire People Because of Their Disabilities, and Subjected Applicants to Impermissible Medical Inquiries, Federal Agency Charges - INDIANAPOLIS — The Phoenix Center Inc., a mental health...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Trico Transportation Services for Disability Discrimination

Trucking Company Revoked Offer of Employment Because of Applicant’s Back Pain History, Federal Agency Charges - NEW ORLEANS – Trico Transportation Services, Inc., a logistics management and specialty hauling company,...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

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Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

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