News & Analysis as of

Age Discrimination Hiring & Firing Artificial Intelligence

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

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Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

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The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...more

Polsinelli

The Real Risks of Artificial Intelligence in the Workplace: EEOC Obtains First Settlement in AI Class Action

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In May 2022, the EEOC filed an age discrimination lawsuit against a group of affiliated companies employing English-language tutors. According to the EEOC, for a brief period in the spring of 2020, those companies programmed...more

Foley & Lardner LLP

EEOC Targets AI-Based Hiring Practices in Landmark Settlement

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As we have previously written, with artificial intelligence (AI) tools and machine learning continuing to evolve and improve, organizations are relying increasingly on such tools for assistance in recruiting, screening, and...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

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We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

Baker Donelson

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

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The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...more

Amundsen Davis LLC

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

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The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

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Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

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We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

Jackson Lewis P.C.

EEOC Files for Consent Decree Settlement in AI Discrimination Case

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The Equal Employment Opportunity Commission (EEOC) has ramped-up enforcement and guidance in recent months over employers’ use of artificial intelligence (AI). On May 18, 2023, as part of its Artificial Intelligence and...more

Fox Rothschild LLP

The EEOC’s Artificial Intelligence Guidelines and the Risk of Class Action Litigation

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On May 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) published its first guidelines regarding the use of artificial intelligence in employment, titled The Americans with Disabilities Act and the...more

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

EEOC Hears Testimony Concerning Employment Discrimination in Artificial Intelligence and Automated Systems

On January 31, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing, titled, “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” to receive panelist...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

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As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such...more

Zelle  LLP

Employment Law Navigator – Week in Review: October 2016 #2

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Last week, The EEOC announced a public meeting on the use of big data in employment practices. This gathering is a continuation of the agency’s interest in the relationship between data analytics and discrimination. EEOC...more

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