News & Analysis as of

Artificial Intelligence Equal Employment Opportunity Commission (EEOC) Audits

McAfee & Taft

Litigation risks increase as more employers use AI tools in hiring decision-making process

McAfee & Taft on

The use of artificial intelligence in employment decision-making has continued to rise since its inception. Nowhere is this more evident than in hiring decisions. Employers have used AI to help screen résumés, schedule...more

Mintz - Antitrust Viewpoints

Led by DOJ, Federal Agencies Convene to Coordinate Safeguarding Civil Rights from AI-Related Harms — AI: The Washington Report

On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more

Mitratech Holdings, Inc

Out With the Old Compliance Year … In With the New

As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more

Miles Mediation & Arbitration

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Mitratech Holdings, Inc

NILG’s 2023 Phoenix Conference: Hot Topics from a Hot Place

The NILG Annual Conference is an excellent barometer for what is happening in equal opportunity, affirmative action and Diversity Equity and Inclusion (DEI). At this year’s Conference, held in Phoenix, the hot (pun intended,...more

King & Spalding

Emerging Themes Relating to the Use of Artificial Intelligence in the Workplace

King & Spalding on

Companies are increasingly exploring the use of artificial intelligence (AI) and automated decision-making technologies to manage human capital, including for recruitment, hiring and performance purposes. Vendors offer...more

Davis Wright Tremaine LLP

EEOC Reminds Employers That Automated Decision-Making Systems Might Discriminate

Guidance explains the "four-fifths rule" to determine whether tools for hiring and promotion might result in a disparate/adverse impact on a protected class - Last week, the Equal Employment Opportunity Commission (EEOC)...more

Fisher Phillips

Employers Beware: “There is No AI Exemption to the Laws on the Books”… 4 Steps to Consider When Using AI in the Workplace

Fisher Phillips on

Given the myriad ways artificial intelligence is now being used to streamline business processes, it’s no surprise that federal agencies are scrutinizing potential employment-related biases that can arise from using AI and...more

Mintz - Employment Viewpoints

NYC Issues Final Rules for AI-Based Workplace Decision-Making Tools and (Again) Delays Enforcement

After a few iterations of proposed rules, the New York City Department of Consumer and Worker Protection (“DCWP”) has finally adopted final rules regarding the implementation of NYC’s new law regulating Automated Employment...more

Lippes Mathias LLP

Emerging Issue: AI Governance

Lippes Mathias LLP on

Advancements in Artificial Intelligence have dominated the news recently in fascinating ways. Generative AI chatbots demonstrated seemingly spontaneous responses to test users. Visual artists filed a class action lawsuit to...more

Jackson Lewis P.C.

OFCCP’s Proposed New Scheduling Letter May Fundamentally Change Audits for Contractors

Jackson Lewis P.C. on

The Office of Federal Contract Compliance Programs (OFCCP) has proposed changes to the notice, or Scheduling Letter and Itemized Listing, it issues to federal contractors and subcontractors selected for annual compliance...more

Mintz - Employment Viewpoints

NYC Proposes Rules in Advance of 2023 Automated Employment Decision Tools Law

For years, employers have been exploring the possibility of how automated tools (ranging from basic computer screening methods to advanced artificial intelligence systems) may be able to improve and simplify the hiring...more

Flaster Greenberg PC

The White House Releases A Blueprint for an AI Bill Of Rights: What’s In The Blueprint And How It May Impact The Design And...

Flaster Greenberg PC on

On October 4, 2022, The White House Office of Science and Technology Policy (“OSTP”) released the Blueprint for an AI Bill of Rights to help guide the design, development, and deployment of artificial intelligence (AI) and...more

Flaster Greenberg PC

NYC Artificial Intelligence Law on Employment Practices Takes Effect January 1, 2023

Flaster Greenberg PC on

On November 10, 2021, the New York City Council passed Int. No. 1894-A Relating to Automated Employment Decision Tools. This law is effective as of January 1, 2023. As 2023 creeps closer, prudent NYC employers will take steps...more

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