News & Analysis as of

Americans with Disabilities Act (ADA) Screening Procedures Job Applicants

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on

A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more

BCLP

Reminder For Illinois (And Other) Employers: Restrictions Apply When Using Artificial Intelligence Analysis During The Hiring...

BCLP on

Illinois and other jurisdictions have adopted, or are considering, laws establishing parameters for employer use of AI during the hiring process. The current attention being given to ChatGPT and other technologies using...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

Perkins Coie

EEOC Issues Guidance on Use of Artificial Intelligence in Hiring

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

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

California’s Draft Regulations Spotlight Artificial Intelligence Tools’ Potential to Lead to Discrimination Claims

California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first...more

Brooks Pierce

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

Brooks Pierce on

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

Epstein Becker & Green

EEOC Updates Guidance on COVID-19 and Compliance with Antidiscrimination Laws

Epstein Becker & Green on

On April 9, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued its latest guidance (“Guidance”) for employers on how to ensure compliance with their obligations under federal antidiscrimination laws during the...more

Hogan Lovells

EEOC Releases Guidance Regarding Employees, Applicants and COVID-19

Hogan Lovells on

The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.  This week, the EEOC twice updated its...more

Foley & Lardner LLP

To Stalk or Not to Stalk . . . That Is the Question – Using Social Media for Applicant Review

Foley & Lardner LLP on

Now more than ever, employers are using social media to screen job applicants. According to a 2018 survey, 70 percent of employers use social media to research candidates. Using social media to research job applicants can...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers to Pay $250,000 and not Resume ErgoMed Screening to Settle EEOC Discrimination Suit

Trucking Company Used Post-Offer Screen That Screened Out Applicants On the Basis of Disability, Federal Agency Charged - DENVER - National trucking company JBS Carriers, Inc. will pay $250,000 and furnish other...more

Butler Snow LLP

Top 10 Mistakes To Avoid in 2019

Butler Snow LLP on

It’s hard to believe another year is coming to a close, but here we are. As part of my personal year-end celebration, I have prepared an informal ranking of the top mistakes I’ve tried to help clients avoid, correct, or...more

U.S. Equal Employment Opportunity Commission...

SMS Group to Pay up to $62,000 to Resolve EEOC Discrimination Finding

SMS Group Must Refrain from Requesting or Requiring Disclosure of Genetic Information - INDIANAPOLIS - SMS Group Inc., formerly known as SMS Technical Services, LLC and SMS Millcraft LLC, headquartered in Cranberry...more

Parker Poe Adams & Bernstein LLP

Asking Employee to Pay for MRI as a Hiring Condition Violated ADA

The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more

Epstein Becker & Green

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

Epstein Becker & Green on

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

Constangy, Brooks, Smith & Prophete, LLP

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

U.S. Equal Employment Opportunity Commission...

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

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