News & Analysis as of

Civil Rights Act Job Applicants Americans with Disabilities Act (ADA)

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

Tonkon Torp LLP on

Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...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

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

Polsinelli

EEOC Issues Guidance for Use of Artificial Intelligence in Employment Selections

Polsinelli on

So far in 2023, artificial intelligence (AI) has been at the leading edge of the technological revolution, as the potential applications for tools like ChatGPT have drawn considerable buzz.  In April 2023, we reported on New...more

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

EEOC Considering Guidance on AI Tools Beyond ADA, Official Says

The U.S. Equal Employment Opportunity Commission (EEOC) is examining potential discriminatory implications of the use of automated systems and artificial intelligence (AI) to make employment decisions beyond the Americans...more

Fisher Phillips

Weekly Checklist: Do Your Job Descriptions Need an Update for 2023?

Fisher Phillips on

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace...more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

Jackson Lewis P.C.

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

Jackson Lewis P.C. on

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...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...

EEOC Sues Staffing Solutions for Multiple Discriminatory Hiring Practices

Owner Frequently Used Racial Slurs and Forced Out Manager Who Opposed Hiring Discrimination, Federal Agency Charges - BUFFALO, N.Y. - Staffing Solutions of WNY Inc., a Buffalo-based staffing company that places employees...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

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

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

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