The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more
Last week, the Delaware Supreme Court reversed a Chancery Court decision that we wrote about previously, which invalidated a forfeiture-for-competition provision as an unreasonable restraint of trade. The Ainslie et al. v....more
On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more
11/28/2023
/ Adverse Employment Action ,
Confidentiality Policies ,
Discrimination ,
Harassment ,
Independent Contractors ,
New York ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Retaliation ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour
As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more
11/9/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Bias ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Joe Biden ,
OFCCP ,
Secretary of Labor ,
Title VII ,
Transparency
The accelerating pace of artificial intelligence innovation illustrated by ChatGPT, Bard, and other applications that have captured the world’s attention bring the promise of better and more effective tools on which employers...more
On April 6, 2023, New York City’s Department of Consumer and Worker Protection (“DCWP”) issued final rules governing Local Law 144 of 2021. That law prohibits employers in New York City from using automated employment...more
On January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) published a draft Strategic Enforcement Plan (“SEP”) in the Federal Register. In it, the EEOC outlines the enforcement priorities that will guide its...more
On August 18, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (the “OFCCP”) issued a revised Directive clarifying how the Agency intends to review contractors’ compliance with the...more
Employer use of artificial intelligence continues to expand, as newer and more sophisticated tools enter the marketplace. Many offer great promise for more efficient and effective decision-making. Some, however, may present...more