News & Analysis as of

Americans with Disabilities Act (ADA) Job Applicants Algorithms

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

Epstein Becker & Green

AI Resume Screening Tool Developer Is Subject to Federal Anti-Discrimination Laws, Says EEOC

Epstein Becker & Green on

Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Alston & Bird

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird on

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees...more

Rumberger | Kirk

Using AI in Human Resources and the Risks of Employment Discrimination

Rumberger | Kirk on

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

Proskauer Rose LLP

Employment Issues in Generative AI

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The second webinar in our series, “Employment Issues in Generative AI,” explored the evolving impact of generative AI (or “GAI”) on the workplace and how employers can work to ensure the ethical and responsible use of AI...more

Troutman Pepper

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

King & Spalding

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

King & Spalding on

Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

Levenfeld Pearlstein, LLC

Three Takeaways from the EEOC’s Guidance on the Use of AI in Making Employment Decisions

Artificial intelligence (AI), algorithmic programs, and software tools continue to have far-reaching (and sometimes unlikely) effects, including in our professional lives. There are now a wide variety of AI and algorithmic...more

Sheppard Mullin Richter & Hampton LLP

The Use of Artificial Intelligence in Employee Selection Procedures: Updated Guidance From the EEOC

As we previously reported, the Equal Employment Opportunity Commission (“EEOC”) has had on its radar potential harms that may result from the use of artificial intelligence technology (“AI”) in the workplace. While some...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on

Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

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

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

BCLP

Reminder For Illinois (And Other) Employers: Restrictions Apply When Using Artificial Intelligence Analysis During The Hiring...

BCLP on

Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...more

Flaster Greenberg PC

AI Employment Tool Developers: Remember the ADA

Flaster Greenberg PC on

This is the last blog in the series on the EEOC’s Technical Guidance: The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees. The Guidance...more

DCI Consulting

EEOC Hearing on Employment Discrimination in AI

DCI Consulting on

On January 31, 2023, the Equal Employment Opportunity Commission (EEOC) had a hearing, entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”. This hearing, which included...more

Dorsey & Whitney LLP

Changing Rules Governing Artificial Intelligence in Employment

Dorsey & Whitney LLP on

In recent years, employers have begun to use artificial intelligence, machine learning, algorithms, and other automated systems or technologies (“AI Technologies”) to recruit and hire employees and make other employment...more

Wilson Sonsini Goodrich & Rosati

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

Husch Blackwell LLP

AI and Algorithmic Fairness: EEOC Launches Initiative on Employer Use of AI in Hiring Processes

Husch Blackwell LLP on

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...more

Mintz - Employment Viewpoints

EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA

As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more

Adler Pollock & Sheehan P.C.

It May be Time to Review Employment Policies: Regulations on the Horizon for Use of Automated Employment Decision Tools

Employers’ use of artificial intelligence in assessing job applicants and employees has increased rapidly throughout the last decade.  These tools are used in a variety of contexts, such as making hiring decisions,...more

Smith Gambrell Russell

EEOC Issues Artificial Intelligence Guidance

On October 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched the Initiative on Artificial Intelligence and Algorithmic Fairness (the “Initiative”) to ensure that artificial intelligence (“AI”) and...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

Foley & Lardner LLP on

As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Morgan Lewis

EEOC Releases Guidance on Algorithms, AI, and Disability Discrimination in Hiring

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) released guidance on May 12 addressing the application of the Americans with Disabilities Act (ADA) to employer use of algorithms and artificial intelligence (AI) during...more

Snell & Wilmer

Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

Snell & Wilmer on

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

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