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This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption...more
Effective 1 January 2026, Illinois House Bill 3773 (HB 3773) amends the Illinois Human Rights Act, (IHRA) to expressly prohibit employers from using artificial intelligence (AI) that “has the effect of subjecting employees to...more
Early this year, the New Jersey Office of the Attorney General and Division on Civil Rights (the “DCR”) issued new guidance (the “Guidance”) addressing how the New Jersey Law Against Discrimination (the “LAD”) applies to...more
A surprising series of recent events in Austin revealed the struggle that Texas lawmakers are having in deciding how – and whether – to regulate the growing use of artificial intelligence in the workplace and elsewhere. While...more
This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more
The Trump Administration has moved quickly to roll back Biden-era protections related to artificial intelligence (AI) in federal hiring practices. On Jan. 20, 2025, President Donald Trump issued an executive order (EO),...more
Introduction - Within the United States, new state laws regulating artificial intelligence continue to emerge. Below, we provide a high-level description of certain laws currently in effect or laws that will soon come into...more
Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more
The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more
A Texas lawmaker recently introduced a potentially groundbreaking bill that could force Texas employers to comply with the nation’s most comprehensive state-level AI standards. Introduced by Rep. Giovanni Capriglione (R) on...more
It is no surprise that businesses are seeking ways to utilize AI to increase efficiency, including developing automated decision-making systems to assist in hiring and promotion processes. The California Civil Rights Council...more
In a significant move to regulate artificial intelligence (AI) in the workplace, the Illinois Legislature amended the Illinois Human Rights Act (IHRA or “the Act”) to address the growing use of AI at various points throughout...more
In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers....more
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
It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more
New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more
Utilizing artificial intelligence in the workplace offers promises of increased efficiencies, error reduction, improved communication, and lower costs. Employers, for instance, may be able to use AI-powered chatbots to...more
AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more
On January 9, 2025, New Jersey Attorney General Matthew J. Platkin and the Division on Civil Rights issued guidance stating that New Jersey’s anti-discrimination law applies to artificial intelligence. Specifically, the New...more
“Algorithmic discrimination” refers to the use of an artificial intelligence (AI) system that results in differential treatment or impact disfavoring an individual based on protected characteristics (e.g., age, color,...more
On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more
On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). Illinois employers that use any automated tools to make...more
Illinois continues to change the landscape for employers, allowing employees more leeway when it comes to the Illinois Human Rights Act (IHRA) and Illinois Personnel Records Review Act (IPRRA). Recent Amendments to the...more
On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more
Executive Summary - 2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more