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Fisher Phillips

Landmark AI Discrimination Bill Stalls Out in California Legislature, But Other AI Measures Advance

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California lawmakers knocked back a chance to pass a groundbreaking AI discrimination that would have required employers to provide notification – and perhaps an accommodation – to workers when artificial intelligence is used...more

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

Fisher Phillips

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

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Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Fisher Phillips

AI Hiring Tools Under Attack: ACLU Files Claims with Feds Over Common Hiring Tools

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The ACLU recently fired a clear warning shot to employers by asking the FTC to investigate a personality assessment test, a video interview tool, and a cognitive ability assessment screening device – all powered by artificial...more

Parker Poe Adams & Bernstein LLP

Basing Salary on Prior Pay Risks Discrimination Claim

In recent years, a number of states and municipalities have adopted measures that restrict employers’ ability to base a new hire’s starting salary on what they made in their prior job. In the past, it was common for...more

Littler

Massachusetts Latest State Expected to Restrict Access to Credit Reports for Employment Purposes

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On March 14, 2024, the Massachusetts House of Representatives passed legislation that would add a new provision to the Massachusetts Consumer Protection law and would bar the use of true credit reports for employment...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

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At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

DCI Consulting

New and Updated Pay Transparency Laws for 2024

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There are new pay transparency laws in two states, Hawaii and Colorado, that are effective on January 1, 2024. Hawaii’s pay transparency law first became effective on January 1, while Colorado’s pay transparency law...more

Parker Poe Adams & Bernstein LLP

AI Credibility Judgment Tool Prompts Lawsuit Over Lie Detector Use

A number of vendors are promoting artificial intelligence-based software for use in applicant screening and hiring. These tools promise to automate parts of the hiring process and to streamline the review of applicant...more

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

California’s New Background Check Regulations: 10 Frequently Asked Questions

California has implemented new regulations, effective October 1, 2023, that significantly change the employer criminal background check process for California applicants and employees. The following answers to ten frequently...more

Epstein Becker & Green

New York State’s Salary Transparency Law Takes Effect September 17, 2023

The time has come – New York employers are reminded that a statewide salary transparency law goes into effect on September 17, 2023. While many employers in New York City, Westchester County, the City of Ithaca and Albany...more

Seyfarth Shaw LLP

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

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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

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

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

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

Kramer Levin Naftalis & Frankel LLP

New York City’s New AI Bias Law Is About To Take Effect: What You Need To Know

On July 5, 2023, the New York City Department of Consumer and Work Protection (DCWP) will begin enforcement of Local Law 144 (Law), which regulates employers’ use of “automated employment decision tools” (AEDTs) to screen...more

Fisher Phillips

EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know

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Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Seyfarth Shaw LLP

New York City Council Passes Legislation Prohibiting Height and Weight Discrimination

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Seyfarth Synopsis: The New York City Council has passed a bill that prohibits employers from considering a person’s actual or perceived height or weight when making employment decisions....more

Orrick, Herrington & Sutcliffe LLP

New York City Issues Final Rules and New Enforcement Date for its Artificial Intelligence (AI) Law

The New York City Department of Consumer and Worker Protection (“DCWP”) published updated rules to implement its Artificial Intelligence (AI) law, New York City Local Law 144 of 2021. The AI law places restrictions on...more

Davis Wright Tremaine LLP

New York City Issues Final Rule on AI Bias Audit Law and Delays Enforcement to July

On April 6, 2023, the New York City Department of Consumer and Worker Protection ("DCWP") published a Notice of Adoption of Final Rule to implement New York City's recent law mandating bias audits of AI-enabled systems used...more

Sheppard Mullin Richter & Hampton LLP

New York Amends Statewide Pay Transparency Law

On March 3, 2023, Governor Kathy Hochul signed a series of amendments to the New York Pay Transparency Law (“NYPTL”) into law. As we previously reported, the NYPTL takes effect on September 17, 2023 and will require...more

Eversheds Sutherland (US) LLP

New York City delays enforcement of its artificial intelligence bias audit in employment law as rule-making continues

New York City (NYC) has delayed to April 15, 2023 the enforcement of its first-of-its-type law on bias in artificial intelligence (AI) tools used in employment. Local Law 144 of 2021 prohibits employers in NYC from using...more

McAfee & Taft

States and cities limit AI use in employment decisions

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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

Fisher Phillips

New Laws for New York Employers in a New Year: What You Need to Know as 2023 Unfolds

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After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past...more

Mintz - Employment Viewpoints

2022 Roundup: New York Employment Law Legislation

New York City’s Salary Transparency Act Arguably the most impactful piece of legislation passed in 2022 is New York City’s Salary Transparency Act, which makes it an unlawful discriminatory practice for an employer to...more

Epstein Becker & Green

New Proposed Rules for NYC’s Automated Employment Decision Tools Law

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As we recently reported, on December 9, 2022, the New York City Department of Consumer and Worker Production (“DCWP”) announced that it was postponing enforcement of the Automated Employment Decision Tools (“AEDT”) law, until...more

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