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Automated Decision Systems (ADS) Americans with Disabilities Act (ADA)

Foley & Lardner LLP

Artificial Intelligence in Recruitment: It’s Algorithmic, But It May Not Be Private

Foley & Lardner LLP on

The past few years have seen a sharp increase in the use of artificial intelligence (AI) across a variety of industries and workplaces. Many businesses have implemented AI to help streamline the recruitment and hiring process...more

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

DirectEmployers Association

OFCCP Week In Review: July 2024 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Paul Hastings LLP

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

Paul Hastings LLP on

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

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

OFCCP Releases Guidance on Federal Contractors’ Use of AI and Automated Systems

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently released new guidance warning federal contractors they must routinely monitor their use of artificial intelligence (AI) and...more

Tonkon Torp LLP

Why Using AI in Employment Practices Can Bring Unwanted Risk

Tonkon Torp LLP on

Artificial intelligence (AI) has become ubiquitous and its impact in the employment arena is notable. Using AI tools in employment can bring efficiency, particularly in the hiring process, but the use of these time-saving...more

Sherman & Howard L.L.C.

Automation & Employment Discrimination

Sherman & Howard L.L.C. on

Employers are increasingly using some form of Artificial Intelligence (“AI”) in employment processes and decisions. Per the Equal Employment Opportunities Commission (“EEOC”), examples include:...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

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

DirectEmployers Association

OFCCP Week In Review: September 2023 #3

...A lower court correctly dismissed an Indiana hospital department head’s disability accommodation, discrimination, and related claims, the U.S. Seventh Circuit Court of Appeals (Chicago) ruled. The Court found that manager...more

Sheppard Mullin Richter & Hampton LLP

States’ Increased Policing of Artificial Intelligence in the Workplace Serves as Important Reminder to Employers

Employers’ burgeoning use and reliance upon artificial intelligence has paved the way for an increasing number of states to implement legislation governing its use in employment decisions. Illinois enacted first-of-its-kind...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

Bradley Arant Boult Cummings LLP

AI, AI, Uh-Oh! Can Artificial Intelligence Programs Put You at Risk for Discrimination Lawsuits?

Artificial intelligence (AI) is the best way to save time and make fair decisions — right? Not so fast. As AI is more common in our day-to-day lives, we have seen it make mistakes and replicate human shortcomings. For many it...more

Fox Rothschild LLP

The EEOC Continues to Push Enforcement of Anti-Discrimination Laws In Relation to Employers’ Use of Artificial Intelligence (“AI”)...

Fox Rothschild LLP on

On March 23, 2023, the EEOC announced a conciliation agreement with DHI Group, Inc. (“DHI”)—a company that operates a job-search website (Dice.com) for technology professionals. The conciliation arose out of multiple...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

Sherman & Howard L.L.C.

“AI Made Me Do It” No Defense When Using Automation in Employment

After the Equal Employment Opportunity Commission (“EEOC”) recently indicated it intends to increase scrutiny over employers’ use of artificial intelligence (“AI”) and machine learning in recruitment, hiring, and disciplinary...more

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