News & Analysis as of

Software Americans with Disabilities Act (ADA)

Cooley LLP

California Federal Court Clears Path for Software Developers’ Potential Employment Discrimination Liability

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On July 12, 2024, in a landmark decision, the US District Court for the Northern District of California held that software developer Workday, a human resource management service provider for employers, can be held liable as...more

Fox Rothschild LLP

The EEOC Continues to Push Enforcement of Anti-Discrimination Laws In Relation to Employers’ Use of Artificial Intelligence (“AI”)...

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On March 23, 2023, the EEOC announced a conciliation agreement with DHI Group, Inc. (“DHI”)—a company that operates a job-search website (Dice.com) for technology professionals. The conciliation arose out of multiple...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

DarrowEverett LLP

Artificial Intelligence and the Americans with Disabilities Act

DarrowEverett LLP on

Throughout recent years, the use of artificial intelligence (“AI”) software in the recruitment and hiring of employees has rapidly increased in popularity. AI software has gained traction as a valuable tool in streamlining...more

Husch Blackwell LLP

AI and Algorithmic Fairness: EEOC Launches Initiative on Employer Use of AI in Hiring Processes

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On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document to address concerns over the use of algorithmic software and AI in the hiring process. In this document, the...more

Fox Rothschild LLP

New EEOC Initiative Targeting AI Technology Used in Hiring Process Presents Increased Risk of Class Litigation

Fox Rothschild LLP on

The Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have recently announced plans to monitor employers’ use of artificial intelligence (AI) tools in hiring decisions that may discriminate...more

Sheppard Mullin Richter & Hampton LLP

EEOC Issues Guidance Regarding How Employer Software and Artificial Intelligence May Discriminate Against Individuals With...

On May 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) issued guidance addressing the application of the Americans with Disabilities Act (“ADA”) to employers utilizing software, algorithms, and artificial...more

Mintz - Employment Viewpoints

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

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

Saiber LLC

Justice Department and EEOC Caution the Use of Artificial Intelligence to Make Employment Decisions

Saiber LLC on

Employers should be aware that AI and other software tools may result in unlawful discrimination against people with disabilities in violation of the American with Disabilities Act - On May 12, 2022, the U.S. Department...more

Troutman Pepper

California Appeals Court Relies on Nexus Theory to Reverse Dismissal of ADA Website Violation Complaint

Troutman Pepper on

The California Court of Appeals, Fourth Appellate District, recently reversed a lower court ruling against a visually impaired plaintiff who alleged that a credit union’s website was incompatible with screen-reader software....more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

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