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Bias Americans with Disabilities Act (ADA) Artificial Intelligence

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Foley & Lardner LLP

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

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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

Fisher Phillips

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

Fisher Phillips on

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

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

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

Paul Hastings LLP

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

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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

Constangy, Brooks, Smith & Prophete, LLP

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...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

Bailey & Glasser, LLP

Friend or Foe? Legal Risks Arising From ChatGPT and Other Generative AI Software

Bailey & Glasser, LLP on

Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...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

Lippes Mathias LLP

Federal Agencies Signal Collaborative and Increasing Enforcement Efforts Against Discrimination and Bias in Automated Systems

Lippes Mathias LLP on

While state and federal agencies are developing regulations directly targeting automated decision-making systems, on April 25, 2023, the Consumer Financial Protection Bureau (CFPB), Justice Department (DOJ), Equal Employment...more

BCLP

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

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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

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

Employers and Developers Must Collaborate to Prevent Screen Outs of Candidates with Disabilities

Flaster Greenberg PC on

This blog focuses on the EEOC’s Technical Guidance on Artificial Intelligence and the ADA and the issue of “Screen Out.” Specifically, what Automated Employment Decision Making Tool (AEDT) developers and employers use to...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

McAfee & Taft

States and cities limit AI use in employment decisions

McAfee & Taft on

The use of artificial intelligence (AI) in employment decision-making is on the rise, with Equal Employment Opportunity Commission (EEOC) chairwoman Charlotte Burrows stating that more than 80% of employers utilize this...more

BCLP

New York City Mandates AI Bias Analysis

BCLP on

Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

Fisher Phillips on

Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

Jackson Lewis P.C.

NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices

Jackson Lewis P.C. on

In a groundbreaking move, likely to have significant impact on employee hiring and HR tech, the New York City Council has passed a measure (“the NYC measure”) that bans the use of automated decision-making tools to (1) screen...more

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