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Job Applicants Employer Liability Issues Age Discrimination

Fisher Phillips

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

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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

Genova Burns LLC

Consistent Documentation Of Poor Performance Defeats Employee's Age Discrimination Claim

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On January 9, 2024, in Krassowski v. Bloomberg L.P., the New Jersey Appellate Division unanimously affirmed a trial court’s grant of summary judgment in favor of an employer that had well-documented proof of an employee’s...more

Bradley Arant Boult Cummings LLP

Back to the Basics: Steps to Protect Your Company from Age Discrimination Claims in 2024  

We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more

Ius Laboris

Compensation ordered after email slip reveals age discrimination

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The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....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

Baker Donelson

The EEOC Settles Its First Lawsuit Alleging AI-Based Discrimination in Employment

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The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement in its first lawsuit alleging discrimination based on artificial intelligence (AI). In the lawsuit, the EEOC alleged that iTutorGroup, an...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

Fisher Phillips

EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias

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We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. The Equal...more

Brownstein Hyatt Farber Schreck

Colorado’s New Job Application Law Prohibits Age-Related Inquiries

Colorado employers should take heed to update their initial job applications, including online forms, to comply with Colorado’s new “Job Application Fairness Act,” codified at C.R.S Section 8-2-131. The new requirements went...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Littler

Colorado Enacts Legislation Restricting Employers from Requesting Age-Related Information from Job Applicants

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On June 2, 2023, Colorado Governor Jared Polis signed into law Senate Bill 23-058, the Job Application Fairness Act (JAFA), prohibiting employers from inquiring about a job applicant’s age during the hiring process. JAFA’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado’s Job Application Fairness Act Restricts Employers’ Ability to Request Age-Related Information From Applicants

On June 2, 2023, Colorado enacted the Job Application Fairness Act (JAFA), joining California, Connecticut, Minnesota, and Pennsylvania as states prohibiting employers from requesting age-related information during the hiring...more

Constangy, Brooks, Smith & Prophete, LLP

Rule 1 in beating an age claim: Get your story straight.

Inconsistencies were fatal to this employer. It's a well-established principle in discrimination law that an employer can be done in by "shifting explanations" for actions taken against an applicant or employee. A recent...more

Orrick, Herrington & Sutcliffe LLP

Pitfalls for Startups in Germany when Drafting Job Ads

Here's what happened: A Berlin startup wrote in its job ad that it is looking for a "(Junior) Key Account Manager". The company's description referred to "a young team with flat hierarchies". A 50-year-old whose application...more

Fisher Phillips

Keep (Some) Opinions to Yourself: Court Decision Reminds Sports Executives the Importance of Documentation During Hiring Process

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A recent federal appeals court decision demonstrates to employers in the sports industry the value of documenting conversations and notes made during the hiring process – and serves as a critical warning about how easily an...more

Vinson & Elkins LLP

New Bill Prohibits Age Discrimination Against Job Applicants — Wait, Isn’t that Already Unlawful?

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If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s...more

Robinson & Cole LLP

Reminder: Connecticut Employment Laws Effective - October 2021

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Several employment-related laws become effective October 1, 2021. As that date is upon us, employers may want to review and ensure consistency with these laws by making any applicable changes to their practices, policies, and...more

Epstein Becker & Green

Connecticut Bans Inquiries into Applicants’ Age on Employment Applications

On June 24, 2021, Governor Ned Lamont signed Public Act 21-69, An Act Deterring Age Discrimination in Employment Applications (“Act”), which prohibits employers, or employers’ agents, from requesting or requiring a...more

Littler

Connecticut Limits Inquiries into Prospective Employees’ Ages

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On June 24, 2021, Governor Lamont signed into law Public Act 21-69, which adds to Connecticut’s Fair Employment Practices Act an explicit ban on Connecticut employers inquiring into the ages of prospective employees “on an...more

Jackson Lewis P.C.

Connecticut Bans Inquiries Into Job Applicants’ Age

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Connecticut’s An Act Deterring Age Discrimination In Employment Applications prohibits Connecticut employers with at least three employees from inquiring into the age of prospective employees. The new law goes into effect on...more

Weintraub Tobin

Are You Asking Applicants When They Can’t Work? If So, You May Be Violating FEHA

Weintraub Tobin on

While employers were busy dealing with a multitude of issues during the peak of the Covid-19 pandemic in the Spring of 2020, the California Department of Fair Employment and Housing (“DFEH”) quietly issued some amended...more

Littler

Seventh Circuit Decision Protects Employer’s Consideration of Long-Term Needs During Hiring Process

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An interviewer’s note that a job applicant was “at the end of her career” was not conclusive evidence of age discrimination, according to a recent Seventh Circuit opinion....more

Fisher Phillips

Ready Employer One: What Employers Need To Consider When “Gamifying” The Workplace

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In recent years, gamification has risen up the leaderboards as a corporate learning technique. Companies across the country are embracing gamification in their employee training, recruitment, and engagement. But as an...more

U.S. Equal Employment Opportunity Commission...

Haynes International to Pay $180,000 to Resolve EEOC Age Discrimination Allegation

INDIANAPOLIS -- Haynes International Inc, a metals company headquartered in Kokomo, Ind., has agreed to pay $180,000 and furnish other relief to resolve a charge alleging age discrimination investigated by the Indianapolis...more

Troutman Pepper

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

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Q.  I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

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