News & Analysis as of

Employer Liability Issues Americans with Disabilities Act (ADA) Job Applicants

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

Fisher Phillips

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

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A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Bradley Arant Boult Cummings LLP

No Dog Days This Summer: In Howard v. City of Sedalia, the Eighth Circuit Clarifies the Scope of Reasonable Accommodations Again

What accommodations are reasonable under the ADA? Employers are required to provide modifications or adjustments that enable a job applicant to be considered for a position. Beyond the application process, employers must also...more

Alston & Bird

Pre-Hire Personality Tests Set Legal Challenges for Employers

Alston & Bird on

Alston & Bird’s Anna Saraie and Martha Doty analyze pre-hire personality testing, including the legal and practical considerations for employers incorporating such testing into their application processes. Whether employees...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Woods Rogers

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

Sheppard Mullin Richter & Hampton LLP

EEOC Releases Updated Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance, Visual Disabilities in the Workplace and the Americans with Disabilities Act, addressing how the Americans with Disabilities...more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

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Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....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

Benesch

Eleventh Circuit Holds that Employees Must Show an Adverse Employment Action to Establish a Failure to Accommodate Under the ADA

Benesch on

On May 24, 2023, the Eleventh Circuit ruled that a failure to accommodate claim under the American with Disabilities Act (“ADA”) is only actionable if the employee establishes that the failure to accommodate negatively...more

Kelley Drye & Warren LLP

EEOC Guidance Tackles AI and Other Advanced Technologies in Employment Decision Making

Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based on...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on

Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Harris Beach Murtha PLLC

EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial...more

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

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...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

DCI Consulting

EEOC Hearing on Employment Discrimination in AI

DCI Consulting on

On January 31, 2023, the Equal Employment Opportunity Commission (EEOC) had a hearing, entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”. This hearing, which included...more

Weintraub Tobin

The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities

Weintraub Tobin on

On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the...more

Shutts & Bowen LLP

EEOC Issues Update on Hearing Disabilities in the Workplace and the ADA

Shutts & Bowen LLP on

In January 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated resource document, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the “Update”), which explains...more

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