News & Analysis as of

Discrimination Bias Employment Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Mintz - Employment Viewpoints

AI-Driven Employment Litigation Post-Trump AI EO’s

In an era where President Trump has revoked existing federal AI policies and directives and federal agencies have followed suit, several state legislatures and courts are weighing in to account for potential AI-enabled bias...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

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

Saiber LLC

New Guidance Explains How Civil Rights Laws Apply to Advanced Technologies; Civil Rights Innovation Lab Will Leverage Technology...

Saiber LLC on

On January 9, 2025, Attorney General Matthew J. Platkin and the Division on civil rights (DCR) announced that DCR has launched a new Civil Rights and Technology Initiative to provide guidance to address the risks of...more

Littler

AI in the Garden State: New Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination

Littler on

On January 9, 2025, the New Jersey attorney general and the Division of Civil Rights (DCR) announced that the DCR has launched a new Civil Rights and Technology Initiative to address the risks of discrimination stemming from...more

Ward and Smith, P.A.

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Ward and Smith, P.A. on

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Guidance on AI: Employers Must Comply With State Anti-Discrimination Standards

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

Robinson+Cole Data Privacy + Security Insider

New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination

Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently...more

Troutman Pepper Locke

New Jersey AG Platkin Announces New Guidance on AI Use

Troutman Pepper Locke on

On January 9, New Jersey Attorney General (AG) Matthew J. Platkin and the Division on Civil Rights (DCR) launched a new Civil Rights and Technology Initiative aimed at addressing the potential for discrimination and bias...more

Jackson Lewis P.C.

New Jersey Attorney General: NJ’s Law Against Discrimination (LAD) Applies to Automated Decision-Making Tools

Jackson Lewis P.C. on

This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more

Pullman & Comley - Labor, Employment and...

The Same Actor Defense Requires the Same Stage

Employment defense lawyers are fond of the “same actor” defense to discrimination claims because it combines legal theory and common sense. The same actor inference can be used in cases based on claims of discrimination on...more

Baker Donelson

What is Implicit Bias and Why Should Employers Care?

Baker Donelson on

In 2014, Baker Donelson's Diversity Committee instituted a mandatory firm-wide training program on "implicit bias" which has continued into 2015. While the Firm regularly conducts training in how to prevent discrimination,...more

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