News & Analysis as of

Disability Discrimination Artificial Intelligence

Littler

The ADA Turns 34: The Intersection of Technology, AI, and Individuals with Disabilities

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On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S....more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

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

Carlton Fields

Expect Focus - Volume II, May 2024

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Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

BCLP

UK HR Two-Minute Monthly: April 2024

BCLP on

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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...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

McDermott+

McDermottPlus Check-Up: September 8, 2023

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CONGRESS - House Republicans Release Healthcare Package. On September 6, House Republicans unveiled the Lower Costs, More Transparency Act, a draft package of healthcare transparency provisions, pharmacy benefit manager...more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Fisher Phillips on

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

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

Biden Administration Renews Focus on Disability Discrimination as ADA Turns 33

In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more...more

BCLP

UK HR Two-Minute Monthly: June 2023

BCLP on

Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...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

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

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Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

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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

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

Proskauer - Law and the Workplace

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...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

DarrowEverett LLP

Artificial Intelligence and the Americans with Disabilities Act

DarrowEverett LLP on

Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining...more

Dunlap Bennett & Ludwig PLLC

EEOC Releases New Guidance on Algorithms and Disability Bias in Hiring

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice issued guidance to caution employers about using artificial intelligence (AI) and software tools to make employment...more

Venable LLP

EEOC Issues First Guidance on Algorithm-Driven Employment Decisions

Venable LLP on

The last several years have seen algorithm-driven technologies like artificial intelligence (AI) and other algorithmic or automated decision-making systems proliferate throughout nearly every industry, from managing the...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more

Manatt, Phelps & Phillips, LLP

EEOC, DOJ Release AI Guidance

To avoid running afoul of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently released guidance to help employers using artificial...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

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