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Equal Employment Opportunity Commission (EEOC) Hiring & Firing Automated Decision Systems (ADS)

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Baker Botts L.L.P.

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

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Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

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An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...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

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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

Venable LLP

AI Hiring Tools: ACLU Warns Employers and AI Companies It Won't Stand for Deceptive "Bias-Free" Promises

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We've all fallen victim to good marketing at some point. Just like all product and service providers, artificial intelligence (AI) companies are no fools when it comes to the benefits of good marketing....more

Morgan Lewis

AI in the Workplace: The New Legal Landscape Facing US Employers

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Artificial intelligence (AI) is quickly transforming the employment landscape, automating tasks, streamlining processes, and enhancing decision-making. At the same time, the technology raises concerns about potential biases,...more

Foley & Lardner LLP

Proceed with Caution When Taking the Human Out of Human Resources: The Colorado Artificial Intelligence Act Will Have Immediate...

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The role of artificial intelligence (AI) has been increasing in our daily lives, from customer service chatbots and digital assistants to ubiquitous smart home devices. Likewise, the reach of the technology is expanding...more

Whiteford

Employment Law Update: The Department of Labor Joins Growing List of Agencies Targeting AI Selection Tools for Enforcement

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In a joint statement issued on April 4, 2024, five federal agencies, including the Department of Labor, announced they will apply their enforcement authorities to the use of automated systems, including artificial...more

Tonkon Torp LLP

Why Using AI in Employment Practices Can Bring Unwanted Risk

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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

Foley & Lardner LLP

EEOC Commits to its 2024 New Year’s Resolutions — Protecting Vulnerable Workers, Pregnant Workers, and More

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If it’s a typical subject of a class action lawsuit, it’s likely one of the EEOC’s New Year’s resolutions. Just one month into 2024, some of us are already questioning whether we were a bit too ambitious with our New...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

Miles Mediation & Arbitration

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

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EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

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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

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

McNees Wallace & Nurick LLC

Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment

In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced...more

DCI Consulting

EEOC Settles First AI Hiring Bias Lawsuit

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The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides...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

Amundsen Davis LLC

Employers Beware: Discriminatory Artificial Intelligence Can Result in Liability

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The possible uses of artificial intelligence (AI) have received much coverage lately. Now the risks of using AI to assist in the hiring process are in the spotlight since the EEOC just settled its first suit alleging...more

Fox Rothschild LLP

The EEOC Obtains a Settlement in its Artificial Intelligence Class Action

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We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence...more

Jackson Lewis P.C.

Using AI to Speed Through Candidates? Slow Down and Consider the Risks

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The appeal of artificial intelligence (AI) is more real than ever as we see an explosion of interest in using AI technology to make everyday life — and work — easier. Many retailers, for example, are considering AI to...more

Jones Day

AI at Work: Navigating the Legal Landscape of Automated Decision-Making Tools in Employment

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Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Title VII and Employment Decisions Made by AI

Today employers have at their disposal many applications and automated solutions to help them with making employment decisions such as hiring, firing, promotion, or discipline. However, using these applications and automated...more

Perkins Coie

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

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Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

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