News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Machine Learning Employment Discrimination

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

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

Clark Hill PLC on

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

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

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

McAfee & Taft

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

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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

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

Troutman Pepper

Generative AI in the Workplace: It’s Not ‘The Matrix’ Reloaded

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Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more

Dickinson Wright

Is Your HR Department Aware of the Latest EEOC Priorities?

Dickinson Wright on

Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the...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

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Ward and Smith, P.A.

The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act

Ward and Smith, P.A. on

The Rise of Artificial Intelligence in the Workplace - Computers are nothing short of marvelous, if not yet conscious. They represent the apogee of modern life, and perhaps more specifically, modern American life: the quest...more

White & Case LLP

Edition 4 of the AI Legal News Summer Roundup

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In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...more

Rumberger | Kirk

Using AI in Human Resources and the Risks of Employment Discrimination

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Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,...more

CDF Labor Law LLP

Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.

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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

Troutman Pepper

Are There Any Risks to Using AI to Enhance Diversity in the Workplace?

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Q: Are there any risks to using AI to enhance diversity in the workplace? ...more

Husch Blackwell LLP

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

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Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

Goodwin

What Employers Need to Know About Use of Generative AI at Work

Goodwin on

Generative AI could profoundly affect workplace dynamics, potentially bringing significant benefits to companies that are able to manage the risks. Here we focus on employment law as it relates to use of generative AI at...more

Dorsey & Whitney LLP

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

Dorsey & Whitney LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

Jones Day

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

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Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

Manatt, Phelps & Phillips, LLP

EEOC Takes On Title VII and AI

Adding to the growing commentary on artificial intelligence (AI) in the employment context, the Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document....more

Foley & Lardner LLP

Using AI to Help Hire May Seem Easy — Until the Legal Challenge Comes In

Foley & Lardner LLP on

I’m not big on predictions, but I’m confidently predicting the news about AI will just keep coming — some good and some bad. We can all expect that AI either already is or will become a routine part of your recruiting and...more

Pillsbury Winthrop Shaw Pittman LLP

AI Users Beware: Federal, State and Local Legislators and Regulators to Crack Down on AI-Related Employment Discrimination

According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more

Gould + Ratner LLP

Using AI in Human Resources: The Legal Landscape

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In Part I of this three -part series on artificial intelligence (AI) in the workplace, we explored some of AI’s uses in the workplace and potential legal complications with the technology. In this Part II, we explore legal...more

CDF Labor Law LLP

Federal Government Signals Enforcement Priority Regarding Artificial Intelligence Tools in The Workplace

CDF Labor Law LLP on

On top of last week’s Senate hearing into artificial intelligence (“AI”) featuring the testimony of OpenAI’s CEO, Sam Altman, the Equal Employment Opportunity Commission (“EEOC”) and the Federal Trade Commission (“FTC”)...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

Littler on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

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