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Civil Rights Act Bias Title VII

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

Clark Hill PLC

Artificial Discrimination: AI Vendors May Be Liable for Hiring Bias in Their Tools

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A federal court in California largely rejected the workplace screening company WorkDay’s motion to dismiss a hiring discrimination lawsuit brought against the company for its role in screening and evaluating job applicants....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

Constangy, Brooks, Smith & Prophete, LLP

The man who said "no" to DEI training, and four lessons for employers

Employer's DEI mandate scores a win. A white guy refused to take his employer's mandatory "unconscious bias" training, and he was fired. He sued the employer for retaliation, his lawsuit was dismissed, and this week an...more

Kerr Russell

AI In The Workplace: Helpful Or Harmful?

Kerr Russell on

Most of us use artificial intelligence (AI) every single day without even thinking about it. We open our phones with face ID, we ask Alexa to set an alarm, we scroll through our social media algorithms, we rely on spellcheck...more

Epstein Becker & Green

Fifth Circuit Applies Its New Broader Title VII Standard in Bias Case

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On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...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

Dechert LLP

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

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As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

Husch Blackwell LLP

EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII

Husch Blackwell LLP on

Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process. The Equal Employment Opportunity Commission (EEOC)...more

Foster Swift Collins & Smith

Benefits and Legal Risks of Using Generative AI in Hiring Offers

Foster Swift attorneys Tony Dalimonte and Michael Cassar recently teamed-up for a presentation on the potential legal risks related to the use of artificial intelligence (AI) tools in the recruiting and hiring process. ...more

Brooks Pierce

Implications for Employers Following the Supreme Court’s Latest Civil Rights Decisions

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In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...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

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

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...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

Fisher Phillips

House Passes Federal LGBTQ Anti-Bias Law; What’s Next For The Equality Act?

Fisher Phillips on

The U.S. House of Representatives just passed a landmark bill that aims to amend several federal laws to prohibit discrimination on the bases of sexual orientation and gender identity. The Equality Act, passed on February 25...more

Dechert LLP

The Fierce Urgency for GCs to Promote Diversity, Equity, and Inclusion in Response to the Biden Administration & Compliance Best...

Dechert LLP on

Joe Biden has now been sworn in as the 46th President of the United States of America.  Within a few hours of taking office, on January 20, 2021, the Biden Administration rescinded former President Trump’s Executive Order...more

Littler

Biden Revokes Trump Executive Order on Diversity and Inclusion, Adopts Policies “Advancing Racial Equity” and Extending LGBT...

Littler on

President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the...more

Pullman & Comley - Labor, Employment and...

President Trump’s Ban on “Anti-American” Diversity Training Faces Two Legal Challenges

On September 22, 2020, President Trump issued an Executive Order seeking to combat “offensive and anti-American race and sex stereotyping and scapegoating.” [https://www.dol.gov/agencies/ofccp/executive-order-13950]  As...more

Proskauer Rose LLP

An Employer's Guide To Addressing Workplace Diversity

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Recent events and attendant social justice movements have thrust long-standing racial inequities into the spotlight and ignited a national and global conversation. That conversation has not only taken place in the streets,...more

Wiley Rein LLP

The Latest on Executive Order 13950’s Impact on Diversity Training

Wiley Rein LLP on

Originally published on October 23, 2020, this article was last updated on October 27, 2020. On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex Stereotyping,” to bar certain topics...more

Pullman & Comley - Labor, Employment and...

Executive Order Puts Federal Contractors and Grant Recipients on Notice: End “Divisive” Diversity Training or Risk Being Barred...

On September 22, 2020, President Trump issued an Executive Order On Combating Race and Sex Stereotyping.  This order expanded a ban on “un-American” racial sensitivity training at federal agencies to now include all federal...more

Morgan Lewis

OFCCP Publishes Request for Information on Federal Contractor Diversity & Inclusion Training

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The Office of Federal Contract Compliance Programs (OFCCP) published a Request for Information (RFI) in the Federal Register, seeking information from federal contractors, federal subcontractors, and their employees regarding...more

Littler

OFCCP Issues Voluntary Request for Information Regarding Diversity and Inclusion Programs

Littler on

On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more

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