News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Artificial Intelligence Algorithms

Conn Maciel Carey LLP

[Webinar] The Intersection Between Artificial Intelligence and Employment and OSHA Law - November 13th, 10:00 am PT

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The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there 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

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

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...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

Robinson Bradshaw

Employers, Be Wary of Built-in Bias from AI Vendors

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Employers beware: you could be liable for allowing third-party vendors to use applicant screening software if it results in unlawful discrimination, even when unintentional and without your awareness. Employers who turn 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

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

Epstein Becker & Green

Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market

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The past several years have witnessed a notable uptick in workplace artificial intelligence related legislation and agency enforcement attention, specifically focused on the infusion of AI or so-called automated...more

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...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

Robinson+Cole Data Privacy + Security Insider

AI, Government Contractors, and Employment Discrimination

Increasingly, companies use AI to evaluate job applications and make interviewing or hiring decisions. However, government contractors who use artificial intelligence to evaluate job applications should ensure that the AI not...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

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

Locke Lord LLP

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

Alston & Bird

Pre-Hire Personality Tests Set Legal Challenges for Employers

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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

DirectEmployers Association

OFCCP Week In Review: January 2024 #5

Friday, January 19, 2024: Federal Trial Court Dismissed Novel Complaint Alleging Certain Algorithm-Based Applicant Screening Tools Discriminated Based on Race, Age, & Disability - Complaint Sought Class Action Certification...more

Kerr Russell

AI In The Workplace: Helpful Or Harmful?

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Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck...more

Paul Hastings LLP

President Biden Issues Executive Order on Artificial Intelligence: Impact on Employers

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As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

Seyfarth Shaw LLP

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

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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

Wilson Sonsini Goodrich & Rosati

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q3 2023

The firm is pleased to distribute the Q3 2023 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the...more

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