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

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

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

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

“AI” in Employment Law: EEOC Issues Title VII Guidance

The accelerating pace of artificial intelligence innovation illustrated by ChatGPT, Bard, and other applications that have captured the world’s attention bring the promise of better and more effective tools on which employers...more

The Department of Consumer and Worker Protection Issues Final Rules Governing New York City’s Automated Employment Decision Tool...

On April 6, 2023, New York City’s Department of Consumer and Worker Protection (“DCWP”) issued final rules governing Local Law 144 of 2021. That law prohibits employers in New York City from using automated employment...more

EEOC Draft Strategic Enforcement Plan Reflects Focus on Employers’ Use of Artificial Intelligence

On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more

EEOC Issues Guidance on Using AI in Compliance with the Americans with Disabilities Act

Employer use of artificial intelligence continues to expand, as newer and more sophisticated tools enter the marketplace. Many offer great promise for more efficient and effective decision-making. Some, however, may present...more

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