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Artificial Intelligence Disparate Impact Employment Discrimination

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Fisher Phillips

BREAKING: Senate Votes to Drop State AI Law Pause, Opening Door for More Workplace Regulation – What Should Employers Do?

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Senators voted overwhelmingly in the early morning hours yesterday to drop the proposed pause on state AI laws that would have dissuaded state lawmakers from regulating artificial intelligence at the local level for the next...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

Fox Rothschild LLP on

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

Dickinson Wright on

Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

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This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

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This article provides guidance and best practices for counseling employers on key employment discrimination and diversity, equity and inclusion-related legal issues associated with using artificial intelligence tools. ...more

Husch Blackwell LLP

AI and Workplace Discrimination: What Employers Need to Know after the EEOC and DOL Rollbacks

Husch Blackwell LLP on

Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

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Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more

Ius Laboris

Discrimination and bias in AI recruitment: a case study

Ius Laboris on

Barely a day goes by without the media reporting the potential benefits of or threats from AI. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case...more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

Dorsey & Whitney LLP

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

Dorsey & Whitney LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

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

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

Troutman Pepper Locke

With Great Hiring Power Comes Great Responsibility: EEOC Releases New Warnings for Employers Leveraging AI

Troutman Pepper Locke on

Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Bricker Graydon LLP

The EEOC Issues New Guidance on Use of Artificial Intelligence in Hiring

Bricker Graydon LLP on

On May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for use of artificial intelligence (“AI”) in employment selection to comply with Title VII (“Title VII”), the federal law that protects...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

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Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Orrick, Herrington & Sutcliffe LLP

The EEOC on AI in Employment Decisions: What Companies Should Know and Do

A growing number of companies use artificial intelligence (AI) algorithms to identify and evaluate candidates, a development that promises to revolutionize recruitment and hiring. Proponents say AI-driven systems can...more

Harris Beach Murtha PLLC

EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial...more

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

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

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