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New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more

Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday

In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening...more

California Expands FEHA Liability to Include “Institutional Agents” of Employers

California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more

EEOC, FTC, and Other Federal Agencies Release Joint Statement on Confronting Bias and Discrimination in AI and Automated Systems

On April 25, 2023, officials from four federal agencies released a joint statement pledging to increase “enforcement efforts to protect the public from bias in automated systems and artificial intelligence” (“AI”). The...more

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...more

New Jersey and New York Introduce Bills to Regulate Sale and Use of “Automated Employment Decision Tools”

As previously reported, employers’ use of artificial intelligence to assist in employment decision-making is being subjected to ever-increasing regulatory scrutiny at all levels of government―local, state, and federal. In the...more

AI-Based Discrimination Top of the EEOC’s Draft Enforcement Plan

The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted...more

EEOC Prepares to Tackle Artificial Intelligence and Algorithmic Bias

On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the...more

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