News & Analysis as of November 17, 2024

Disparate Impact

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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

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on 7/19/2023

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2023

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

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

FordHarrison on 6/14/2023

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

The EEOC Issues New Guidance on Use of Artificial Intelligence in Hiring

Bricker Graydon LLP on 6/7/2023

On May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for use of artificial intelligence (“AI”) in employment selection to comply with Title VII (“Title VII”), the federal law that protects...more

Is Your Robot a Racist? EEOC Intensifies Scrutiny over Employers' AI

Venable LLP on 5/31/2023

Whose idea was it to hire all these new folks anyway? Regardless, your HR Department is on the phone pleading for assistance—they are overrun with thousands of applications and résumés. Searching for a way to help, you come...more

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on 5/25/2023

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

EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

Harris Beach PLLC on 5/24/2023

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial...more

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/24/2023

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

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

Foster Garvey PC on 5/22/2023

On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

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