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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

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

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

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

Proskauer - Law and the Workplace

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures,...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

Proskauer - Law and the Workplace

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to...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

BCLP

New York City Mandates AI Bias Analysis

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Businesses have become increasingly reliant on artificial intelligence (AI) to assist with hiring, promotion, and other employment-related tasks. These tools are facing increased scrutiny from regulators, especially in New...more

Foley & Lardner LLP

New EEOC Guidance: The Use of Artificial Intelligence Can Discriminate Against Employees or Job Applicants with Disabilities

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As the use of artificial intelligence wedges its way into every side of business and culture, government regulation is (perhaps too slowly) moving to build legal boundaries around its use. On May 12, 2022, the Equal...more

Fisher Phillips

Federal Agencies Say Employer Use of AI and Hiring Algorithms May Lead to Disability Bias: 5 Key Takeaways

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Employers can benefit from using software programs to streamline their hiring process, but federal agencies just sent a stern warning that relying on algorithms and artificial intelligence (AI) to make staffing decisions...more

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

EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic...more

Brooks Pierce

Justice Department and EEOC Issue Guidance on Disability Discrimination in Use of Artificial Intelligence in Hiring

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As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022,...more

Seyfarth Shaw LLP

A Look Into The Future: EEOC Announces Artificial Intelligence Initiative

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Seyfarth Synopsis: While businesses have shifted their operations to digital platforms over the last few decades, the COVID-19 pandemic has greatly accelerated the transformation of the workplace. One area where employers...more

Seyfarth Shaw LLP

Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment...

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Seyfarth Synopsis: In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more

Polsinelli

OFCCP Issues New Guidance on the Status of Non-Binary Employees in Affirmative Action Programs

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The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Fisher Phillips

Federal Appeals Court Strikes Down EEOC’s Criminal Background Guidance In Texas - 3 Things For Employers To Know

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A federal appeals court ruled yesterday that the 2012 guidance document from the Equal Employment Opportunity Commission (EEOC) that cautioned employers not to apply blanket bans against hiring those with criminal records...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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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

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