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Bias Employer Liability Issues

Jones Day

Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

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On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more

Fisher Phillips

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

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Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....more

DLA Piper

Illinois Becomes Second State to Enact AI Law for Employers

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...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

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

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

Epstein Becker & Green

OFCCP Issues Workplace AI Guidance for Federal Contractors and Subcontractors

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In line with the mandates of President Biden’s Executive Order 14110, entitled “The Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” and its call for a coordinated U.S. government approach to...more

CDF Labor Law LLP

California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

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The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more

Ius Laboris

AI and the employment relationship

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The general public's enthusiasm for artificial intelligence (AI) technologies is making its way into the workplace. While AI offers many advantages, employers must remain aware of the risks that a lack of supervision can...more

Seyfarth Shaw LLP

Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers...

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On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Mitratech Holdings, Inc

6 Steps to Conducting Bias-Free Interviews

Bias: A tendency to favor or oppose, often based on personal beliefs/preferences. Are your interviews filled with bias? It could stop your company from getting the quality hires it needs if they are. Conducting bias-free...more

Robinson+Cole Manufacturing Law Blog

Weight Loss, Miracle Medications & the Workplace

Whether you are picking up a well-respected periodical or a celebrity news magazine, you cannot avoid reading about semaglutide injection drugs – drugs used to control blood sugar levels for individuals with type 2 diabetes...more

Bodman

Navigating the Intersection of AI and Human Resources: Strategies for Mitigating Legal Risks*

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According to a recent study by the Society for Human Resource Management, 25% of organizations use artificial intelligence (“AI”) to assist with human resources functions, and another 25% anticipate doing so by the end of...more

Venable LLP

Lies, Damned Lies, and AI: Lie-Detecting AI May Expose Employers to Liability

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It's that time of year again—hiring season! And right on cue, your director of human resources has scheduled a meeting to pitch you a quick fix: artificial intelligence (AI)....more

Littler

Divergent Paths on Regulating Artificial Intelligence

Littler on

On March 21, 2024, the United Nations (UN) adopted a landmark resolution on the promotion of “safe, secure and trustworthy” artificial intelligence (AI) systems. The UN’s resolution contains a “comprehensive vision” for how...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

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

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At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Littler

Strike Two… Eleventh Circuit Upholds Injunction Against Florida “Stop-WOKE” Law; Confirms the Law Violates First Amendment

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Strike One… In 2021 Florida passed a unique law known as the Individual Freedom Act (IFA), or “Stop-WOKE” law (the state’s acronym for “Stop Wrongs to Our Kids and Employees”). The IFA contains two parts, one directed to...more

White and Williams LLP

[Webinar] Staying Ahead in 2024 - AI's Impact on the Workplace and Tips for Managing a Multi-State Workforce - March 21st, 1:00 pm...

Join us on March 21 for this topical webinar which will examine two of the latest trends facing employers. This session will examine what employers need to know and do as AI continues to impact the workplace, including a...more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

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As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

Jackson Lewis P.C.

3 Key Risks When Using AI for Performance Management & Ways to Mitigate Them

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Artificial intelligence tools are fundamentally changing how people work. Tasks that used to be painstaking and time-consuming are now able to be completed in real-time with the assistance of AI....more

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