News & Analysis as of October 19, 2024

Machine Learning

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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 in the Workplace: Using Artificial Intelligence Intelligently

BCLP on 10/9/2024

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

Fisher Phillips on 9/27/2024

Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider...more

DOL Issues “AI & Inclusive Hiring Framework” Through Non-Governmental Organization

Littler on 9/25/2024

On September 24, 2024, the U.S. Department of Labor (DOL) announced publication of its “AI & Inclusive Hiring Framework” website, described as “a new tool designed to support the inclusive use of artificial intelligence in...more

Illinois Employers Using AI for Workplace Purposes Will Soon Need to Provide Notice: 10 Quick Takeaways and 5 Things You Should Do...

Fisher Phillips on 9/23/2024

Thanks to a new law signed into effect by Governor J.B. Pritzker, Illinois employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other...more

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

Troutman Pepper on 9/18/2024

Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

Seyfarth Shaw LLP on 9/17/2024

Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Illinois Passes New Law to Address AI in the Workplace

Morgan Lewis on 9/13/2024

Despite the rapid rise in the use of artificial intelligence (AI) in the workplace, legislation regulating employers’ use of AI remains sparse. Until recently, only New York City and Colorado had passed laws governing an...more

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

Seyfarth Shaw LLP on 9/3/2024

Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

Illinois Passes Bill to Regulate Use of Artificial Intelligence in Employment Settings

Husch Blackwell LLP on 8/22/2024

Keypoint: Although not nearly as far-reaching as the Colorado AI Act, the Illinois law adds to the growing patchwork of state laws that regulate artificial intelligence. On August 9, Illinois Governor J.B. Pritzker signed HB...more

Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions

Epstein Becker & Green on 8/14/2024

On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions....more

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

Clark Hill PLC on 8/1/2024

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

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on 7/23/2024

Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent...

Ballard Spahr LLP on 6/13/2024

On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/5/2024

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

Akerman LLP - HR Defense on 6/3/2024

Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

OFCCP Week in Review Special Edition | DEAMcon24 Day Two Recap

DirectEmployers Association on 4/25/2024

The following is Part 2 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday, April...more

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Mitratech Holdings, Inc on 2/13/2024

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Posted Text of EU AI Act Demonstrates Momentum Towards Final Adoption

Seyfarth Shaw LLP on 1/29/2024

Seyfarth Synopsis: The draft text of the EU AI Act has been unofficially posted online, showing that there has been significant momentum towards the Act’s final passage. Under the posted draft of the Act, the provisions...more

DE Under 3: Complaint Dismissed Alleging an Applicant Screening Tool Discriminated Based on Race, Age, & Disability

DirectEmployers Association on 1/29/2024

Tune into this episode of DE Under 3 as our labor law experts dive into the recently dismissed complaint alleging that the algorithm-based applicant screening tool, Workday, discriminated against the plaintiff and other...more

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

DCI Consulting on 1/29/2024

DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

Generative AI in the Workplace: It’s Not ‘The Matrix’ Reloaded

Troutman Pepper on 10/11/2023

Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool...more

Water Cooler Talk: ‘The Matrix’ Opens Our Eyes to Generative AI in the Workforce

Troutman Pepper on 10/9/2023

A recent survey by Pew Research Center found that most Americans are not in favor of involving artificial intelligence (AI) in the hiring process. In fact, 66% said they would not want to apply for a job with an employer that...more

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

Miles Mediation & Arbitration on 10/4/2023

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

Taking Stock of New York City’s Automated Employment Decision Tools Law

Epstein Becker & Green on 9/28/2023

While recent public attention has largely focused on generative artificial intelligence (AI), the use of AI for recruitment and promotion screening in the employment context is already widespread. It can help...more

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

Constangy, Brooks, Smith & Prophete, LLP on 9/25/2023

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

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