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Disparate Impact Job Applicants Employment Litigation

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

Dickinson Wright on

Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Fisher Phillips

New Executive Order Takes On Disparate Impact Discrimination: 7 Major Takeaways for Employers

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In another major shift for workplaces, President Trump issued an executive order Wednesday with huge implications for employment discrimination claims. For decades, employers could face liability for policies and practices...more

Fisher Phillips

Improper Job Application Questions Put Florida Employer in Jeopardy of Losing Workplace Disability Claim

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A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more

Troutman Pepper Locke

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

Troutman Pepper Locke on

Q.  I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Akerman LLP - HR Defense

Age Discrimination Claims Limited for Job Applicants

A second federal appellate circuit has ruled that the Age Discrimination in Employment Act (the ADEA) does not apply to job applicants’ claims that a policy or practice has a disparate impact on older individuals. ...more

Lowndes

Older Job Applicant Loses Age Discrimination Claim Based on Job Posting Mandating “No More than 7 Years” of Experience

Lowndes on

The United States Court of Appeals for the Seventh Circuit recently issued a key opinion interpreting the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against people aged 40 and older....more

Husch Blackwell LLP

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

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On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...more

McGuireWoods LLP

7th Circuit Rejects Applicant’s Age Bias Theory

McGuireWoods LLP on

Employers can breathe a collective sigh of relief in light of the recent en banc holding of the 7th U.S. Circuit Court of Appeals in Kleber v. CareFusion Corporation. In Kleber, the full 7th Circuit vacated a 2018 panel...more

Littler

Seventh Circuit Rules Age Bias Protections Don’t Extend to Prospective Employees For Disparate Impact Claims

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A recent federal court decision opened the door for employers to recruit and hire candidates who are either recent graduates or have limited work experience without risking liability for certain claims of age discrimination....more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says ADEA Does Not Apply to Applicants' Disparate Impact Claims

Plaintiffs can bring employment discrimination claims under federal civil rights laws using one of two theories. Disparate treatment claims require the plaintiff to produce evidence of intent to discriminate due to a...more

Nilan Johnson Lewis PA

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

Nilan Johnson Lewis PA on

The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v....more

Hogan Lovells

Over 40 Need Not Apply? Your Age-Neutral Recruiting Practices May Violate the ADEA

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Everyone knows that employers covered by the Age Discrimination in Employment Act (ADEA) cannot intentionally refuse to hire job applicants because they are 40 years old or older, and that it is generally unlawful to post a...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

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