News & Analysis as of November 17, 2024

Bias

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Fisher Phillips on 7/23/2024

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

Why Using AI in Employment Practices Can Bring Unwanted Risk

Tonkon Torp LLP on 4/2/2024

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

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

Constangy, Brooks, Smith & Prophete, LLP on 9/29/2023

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

Employment Issues in Generative AI

Proskauer Rose LLP on 7/3/2023

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

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

Bailey & Glasser, LLP on 6/29/2023

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

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

BCLP on 4/19/2023

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

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

Sherman & Howard L.L.C. on 2/24/2023

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

States and cities limit AI use in employment decisions

McAfee & Taft on 1/23/2023

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

New York City Mandates AI Bias Analysis

BCLP on 1/9/2023

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

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

Fisher Phillips on 5/17/2022

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

NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices

Jackson Lewis P.C. on 12/20/2021

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

New Mexico Orthopaedics Associates to Pay $165,000 to Settle EEOC Associational Disability Bias Charge

U.S. Equal Employment Opportunity Commission... on 9/2/2016

Company Fired Temporary Agency Staff Member and Failed to Hire Her for Full-Time Position Because of Association With a Child With Disabilities, Federal Agency Charged - ALBUQUERQUE, N.M. - New Mexico Orthopaedics...more

A Job Ad Doesn’t Need to Be a Job Description

Zelle LLP on 3/11/2016

Ah, job descriptions. Boring lists of knowledge, skills, abilities, duties, and education and experience requirements – a description of the “essential functions” of a job. Not compelling reading at the best of times, and...more

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