News & Analysis as of

Department of Justice (DOJ) Equal Employment Opportunity Commission (EEOC) Hiring & Firing

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Fisher Phillips

The PEO Immigration Survival Guide for 2025

Fisher Phillips on

It’s been a tumultuous start of the second Trump administration when it comes to immigration, and things won’t be slowing down anytime soon. What do PEOs need to know about the current state of affairs, and what can you do to...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Jackson Walker

DEI Under Scrutiny: What Employers Must Know About New EEOC and DOJ Guidance

Jackson Walker on

Following multiple executive orders from President Donald Trump concerning Diversity, Equity, and Inclusion (DEI), employers have been eagerly awaiting agency guidance to clarify the scope and implications of what is...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

Holland & Knight LLP on

The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

Proskauer - Law and the Workplace

EEOC and DOJ Release Guidance on DEI and Workplace Discrimination

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

BakerHostetler on

In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Conn Maciel Carey LLP

The Trump Administration intends to take a hard look at private sector DEI policies, with investigations possible. Is your company...

Conn Maciel Carey LLP on

Shortly after aggressively terminating Diversity, Equity and Inclusion (“DEI”) policies that applied to the federal workforce, the Trump Administration turned its attention outward to the private sector. President Trump’s...more

Fisher Phillips

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...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

Seyfarth Shaw LLP

Department of Labor, Including OFCCP, Continues Work on Guidance and “Promising Practices” Regarding Artificial Intelligence

Seyfarth Shaw LLP on

The Acting Director of OFCCP and the Solicitor of Labor indicated that they are moving full speed ahead on developing guidance regarding employers’ use of artificial intelligence, and that the Department of Labor is working...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Kelley Drye & Warren LLP

Big Brother & Biased Bots: Practical Considerations for Using AI in Employment Decision-Making

The adoption of artificial intelligence (AI) in the workplace is accelerating with an increasing number of employers integrating AI-related technologies into every stage of the employment lifecycle – from recruitment to...more

Fox Rothschild LLP

What Issues is EEOC Flagging for Systemic Cases? EEOC Tells Employers in New Strategic Enforcement Plan.

Fox Rothschild LLP on

EEOC makes no secret as to the policies and practices most likely to trigger systemic action. Indeed, since 2012, EEOC has issued official Strategic Enforcement Plans as a framework for focusing its efforts on areas that...more

Akin Gump Strauss Hauer & Feld LLP

EEOC Settles Over Recruiting Software in Possible First Ever AI-related Case

On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more

Frantz Ward LLP

EEOC Settles First Suit Regarding the Use of Artificial Intelligence

Frantz Ward LLP on

We previously reported in May of 2022 that the U.S. Equal Employment Opportunity Commission (“EEOC”), in conjunction with the U.S. Department of Justice, issued guidance to employers, employees and applicants on the use of...more

ArentFox Schiff

EEOC Brings First-of-Its-Kind Enforcement Action Against Employer for Using Artificial Intelligence to Discriminate Against...

ArentFox Schiff on

Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more

Dorsey & Whitney LLP

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

Dorsey & Whitney LLP on

It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace...more

WilmerHale

Four Federal Agencies Reaffirm Authority to Monitor Automated Systems for Unlawful Discrimination and Other Federal Law Violations

WilmerHale on

On April 25, 2023 four federal agencies—the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), the United States Department of Justice (DOJ), and the U.S. Equal Employment Opportunity Commission...more

BCLP

New York City Finalizes Rules for AI Bias in Employment Law and Postpones Enforcement until July 2023

BCLP on

Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more

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

EEOC Issues Joint Statement on Automated Systems and AI Concerns With Other Agencies

On April 25, 2023, four U.S. federal agencies issued a joint statement pledging to enforce federal laws to “promote responsible innovation” in the context of automated decision-making and artificial intelligence (AI) systems...more

Epstein Becker & Green

Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

Epstein Becker & Green on

On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...more

Jackson Lewis P.C.

Retail Industry Workplace Law Update – Summer 2022

Jackson Lewis P.C. on

OSHA Turns Up the Heat on Enforcement With New Heat Hazard Emphasis Program- The Occupational Safety and Health Administration has a new enforcement initiative that will target one of the agency’s top priorities: indoor...more

Haynsworth Sinkler Boyd, P.A.

AI Used in Hiring May Discriminate Against Applicants with Disabilities; EEOC and DOJ Issue Guidance for Employers

Many employers use Artificial Intelligence (AI) to reduce bias in hiring, yet studies indicate some AI is discriminating on the basis of disability. The Department of Justice (DOJ) and the Equal Employment Opportunity...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

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