News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Artificial Intelligence Automated Decision Systems (ADS)

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Baker Botts L.L.P.

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

Baker Botts L.L.P. on

Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

Bricker Graydon LLP on

An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...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

DirectEmployers Association

OFCCP Week In Review: July 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

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

Paul Hastings LLP on

The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

Venable LLP

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

Venable LLP on

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

Morgan Lewis

AI in the Workplace: The New Legal Landscape Facing US Employers

Morgan Lewis on

Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases,...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

Foley & Lardner LLP

Proceed with Caution When Taking the Human Out of Human Resources: The Colorado Artificial Intelligence Act Will Have Immediate...

Foley & Lardner LLP on

The role of artificial intelligence (AI) has been increasing in our daily lives, from customer service chatbots and digital assistants to ubiquitous smart home devices. Likewise, the reach of the technology is expanding...more

Jackson Lewis P.C.

Colorado Enacts Artificial Intelligence Legislation Affecting AI Systems Developers, Deployers

Jackson Lewis P.C. on

Enacting what is perhaps the first comprehensive regulation of artificial intelligence (AI) at the state level in the United States, Colorado’s governor signed the Artificial Intelligence Act, Senate Bill (SB) 24-205, on May...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Releases Guidance on Federal Contractors’ Use of AI and Automated Systems

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently released new guidance warning federal contractors they must routinely monitor their use of artificial intelligence (AI) and...more

Mintz - Antitrust Viewpoints

Federal Agencies Take Sweeping Action on AI in Accordance with AI EO — AI: The Washington Report (Part 2 of 2)

President Joe Biden’s October 2023 Executive Order on AI directed agencies to institute a significant number of actions on AI. On April 29, 2024, the White House announced that federal agencies had completed “all of the...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day Three Recap

The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE  published the first installment on Monday,...more

DirectEmployers Association

OFCCP Week in Review: April 2024 #3

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

Whiteford

Employment Law Update: The Department of Labor Joins Growing List of Agencies Targeting AI Selection Tools for Enforcement

Whiteford on

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

Tonkon Torp LLP

Why Using AI in Employment Practices Can Bring Unwanted Risk

Tonkon Torp LLP on

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

Foley & Lardner LLP

EEOC Commits to its 2024 New Year’s Resolutions — Protecting Vulnerable Workers, Pregnant Workers, and More

Foley & Lardner LLP on

If it’s a typical subject of a class action lawsuit, it’s likely one of the EEOC’s New Year’s resolutions. Just one month into 2024, some of us are already questioning whether we were a bit too ambitious with our New...more

McAfee & Taft

The continued rise of artificial intelligence in employment law — 2023 in review

McAfee & Taft on

As 2023 winds down to a close, the use of artificial intelligence (AI) by employers shows no sign of slowing down. Rather, employers should prepare for an increased use and presence of AI in employment decision-making, as...more

Foley & Lardner LLP

The Not-So-Wild West of AI Regulation

Foley & Lardner LLP on

Over the past year, we have seen the various agencies and branches of government issue a slew of rules, guidance, and directives over the use (and misuse) of Artificial Intelligence (AI). In May, the EEOC issued guidance on...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Foley & Lardner LLP

Navigating the AI Frontier: Legal and Operational Insights Into Generative AI

Foley & Lardner LLP on

In our ever-changing technological environment, artificial intelligence (AI) is beginning to exert its influence on numerous sectors, revolutionizing our approach to work. As businesses and organizations worldwide adopt...more

Miles Mediation & Arbitration

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Lippes Mathias LLP

Efficiency at What Costs? Creating Internal AI Policies Mitigates Legal and Business Risks Now.

Lippes Mathias LLP on

With the increase in popularity of artificial intelligence uses in business, companies are scratching the surface of AI’s potential to create efficient processes, automate tasks, and generate content at a low cost. With...more

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