News & Analysis as of November 17, 2024

Employment Discrimination

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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 -

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Kaufman & Canoles on 10/10/2024

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

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

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

McNees Wallace & Nurick LLC on 8/31/2023

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

EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

Seyfarth Shaw LLP on 8/24/2023

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...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

EEOC Issues New Guidance on the use of Software, Algorithms, and Artificial Intelligence on Employment Selection Procedures

Saiber LLC on 6/14/2023

The new technical assistance document is focused on preventing discrimination against job applicants and employees with respect to employment decisions made with the assistance of automated systems - By now, most people...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

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

How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Perkins Coie on 2/20/2023

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more

OFCCP Proposes New Scheduling Letter Increasing the Documentation Federal Contractors Must Provide in Audits

Polsinelli on 11/23/2022

On November 21, 2022, OFCCP proposed a new Scheduling Letter and Itemized Listing that will greatly increase the amount and specificity of documents and information that federal government contractors must provide in...more

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

Epstein Becker & Green on 10/12/2022

This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA

Mintz - Employment Viewpoints on 6/10/2022

As employers continue to introduce a variety of software, algorithmic and artificial intelligence (“AI”) based tools into the workplace to assist and support employment-based decisions, there is an increasing concern that...more

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on 6/29/2021

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

EEOC’s background check guidelines shot down

McAfee & Taft on 12/16/2019

One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on 10/21/2019

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019. The guide follows a flurry of OFCCP...more

Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 9 and 10

Littler on 7/2/2019

As we have previously discussed, the Puerto Rico Department of Labor (PR DOL) recently published the first edition of its Guidelines on the Interpretation of Puerto Rico’s Employment Legislation (Guidelines), which includes...more

New York City Commission on Human Rights Provides Legal Enforcement Guidance on Race Discrimination on the Basis of Hair

Littler on 2/22/2019

The New York City Commission on Human Rights (NYCCHR) released enforcement guidance on Monday, February 18, 2019, defining discrimination based on natural hair and hairstyles as a subset of race discrimination....more

Natural Hair Don’t Care: New York City Commission on Human Rights Issues New Guidance Related to Discrimination Based on Hair &...

Polsinelli on 2/22/2019

In February 2019, the New York Commission on Human Rights (the “Commission”) issued guidance regarding employment discrimination based upon natural hair or hairstyles. ...more

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

Fisher Phillips on 4/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

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