On September 24, 2024, the U.S. Department of Labor (“DOL”), collaborating with the Partnership on Employment & Accessible Technology (“PEAT”), a non-governmental organization the DOL funds and supports, announced the...more
On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions....more
8/14/2024
/ Artificial Intelligence ,
Automation Systems ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Illinois ,
Innovative Technology ,
Job Applicants ,
Labor Reform ,
Machine Learning ,
New Legislation ,
State Labor Laws
Is the developer of an AI resume-screening tool an “employment agency” or “agent” subject to liability under Title VII of the Civil Rights Act for its customers’ allegedly discriminatory employment decisions? According to the...more
4/26/2024
/ ADEA ,
Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Resume ,
Title VII
New York City’s Local Law 144, which regulates the use of “automated employment decision tools” in hiring decisions, went into effect on January 1, 2023, and will be enforced effective April 15, 2023. Most commentators view...more
3/2/2023
/ Artificial Intelligence ,
Automated Systems ,
Bias ,
Disclosure Requirements ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Local Ordinance ,
Notice Requirements ,
Recruitment Policies ,
Webinars
This week, we're mapping out how Local Law 144 applies to every employer with employees in New York City using artificial intelligence (AI), machine learning, or a similar computational process to screen candidates for...more
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
As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more
Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream. Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path...more
This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making.
The Future of AI Technology Regulations for Employers (see video below)
Regulations and...more
5/25/2022
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
DFEH ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Machine Learning ,
Popular ,
Proposed Regulation ,
Reasonable Accommodation
Prompted by the widespread adoption and use of video-conferencing software following the COVID-19 pandemic, many employers have shifted toward video interviews to evaluate potential hires. Even as employers have begun to...more
Recruiting qualified applicants and hiring top talent have always been time-consuming endeavors that come with constant worry about making a wrong hire. Added to this, the COVID-19 pandemic effectively put a halt to...more
In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we...more
As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more
1/9/2020
/ Antitrust Provisions ,
Artificial Intelligence ,
Corporate Counsel ,
Decision-Making Process ,
Disability Discrimination ,
Due Diligence ,
Employer Liability Issues ,
Entrance Interviews ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Racial Bias ,
Recruitment Policies ,
Risk Mitigation ,
Section 5 ,
Software ,
Technology ,
Video Recordings
Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more
10/17/2019
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Data Collection ,
Data Retention ,
Disability Discrimination ,
Employer Liability Issues ,
Governor Pritzker ,
Hiring & Firing ,
Human Resources Professionals ,
Interviews ,
Job Applicants ,
New Legislation ,
Reasonable Accommodation ,
Recruitment Policies ,
State Labor Laws ,
Videoconference
On April 9, 2019, a proposed bill, Int. 1445-A (“Bill”), which prohibits employers from pre-employment drug testing for marijuana and tetrahydrocannabinols (“THC,” the active ingredient in marijuana), was passed by the New...more
4/17/2019
/ Collective Bargaining Agreements (CBA) ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Mayor de Blasio ,
OSHA