News & Analysis as of

Employer Liability Issues Artificial Intelligence Employment Discrimination

Keating Muething & Klekamp PLL

AI in Hiring: The Promise, the Pitfalls, and the Response

From resume screening bots to AI tools that assess facial expressions in interviews, artificial intelligence is rapidly changing how employers make decisions about candidates and employees. Artificial intelligence (AI) and...more

Seyfarth Shaw LLP

Trump Administration Releases AI Action Plan and Three Executive Orders on AI: What Employment Practitioners Need to Know

Seyfarth Shaw LLP on

On July 23, 2025, the White House released “America’s AI Action Plan” and President Trump signed three Executive Orders addressing AI development, federal procurement, and infrastructure. The 25-page AI Action Plan focuses on...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Conn Kavanaugh

Artificial Intelligence in Human Resources: A Guide for Business Leaders

Conn Kavanaugh on

This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant...more

McDermott Will & Emery

State laws on AI hiring tools persist after One Big Beautiful Bill Act

McDermott Will & Emery on

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald...more

Mintz - Employment Viewpoints

Deepfakes Face Deep Trouble: Revenge Porn in the Workplace

The recently enacted TAKE IT DOWN Act makes it a federal offense to share online nonconsensual and explicit images, regardless of whether the images are real or computer generated. The law is intended to protect victims from...more

Frantz Ward LLP

AI Bias Case Against Workday Moves Forward, Heightening Employer Liability Risk with Recruitment Tools

Frantz Ward LLP on

A high-profile lawsuit challenging algorithmic hiring practices is moving forward in Mobley v. Workday, Inc., a case with growing implications for employers using AI-driven recruiting tools....more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on

New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

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

The Intersection of Artificial Intelligence and Employment Law

The use of algorithmic software and automated decision systems (ADS) to make workforce decisions, including the most sophisticated type, artificial intelligence (AI), has surged in recent years. ...more

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

Holland & Hart - Employers' Lawyers

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...more

Fisher Phillips

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

Fisher Phillips on

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

Epstein Becker & Green

New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we explore how key changes introduced by President Trump’s Executive Order 14281, “Restoring Equality of Opportunity and Meritocracy” (“EO 14281”), raise important questions for employers navigating compliance with...more

McDermott Will & Emery

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

K&L Gates LLP

New Jersey's Attorney General and Division on Civil Rights Starts 2025 With Guidance on AI Use in Hiring

K&L Gates LLP on

On 9 January 2025, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) announced the launch of a Civil Rights and Technology Initiative (the Initiative) “to address the risks of...more

Bradley Arant Boult Cummings LLP

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to...more

CDF Labor Law LLP

New AI Laws May Go Into Effect As Early As July 1, 2025

CDF Labor Law LLP on

On March 21, 2025, the California Civil Rights Council adopted its final regulations regarding automated decision-making systems. In the employment context, automated decision-making systems can include a wide range of tools...more

Fisher Phillips

California Regulators Adopt New Discrimination Rules For Automated-Decision Systems: 3 Steps for Employers Using AI in the...

Fisher Phillips on

California regulators recently adopted regulations regarding automated-decision systems (ADS) in the workplace, aiming to protect against employment discrimination given the dramatic rise in artificial intelligence use in...more

Fisher Phillips

Texas Two-Step: State Lawmakers Grapple With AI Regulation

Fisher Phillips on

A surprising series of recent events in Austin revealed the struggle that Texas lawmakers are having in deciding how – and whether – to regulate the growing use of artificial intelligence in the workplace and elsewhere. While...more

Tucker Arensberg, P.C.

Ai in the Workplace Series - Part 2: From Harrisburg to the White House: the Digital Gold Rush is Leaving Employers in the Dark

Tucker Arensberg, P.C. on

This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more

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

Mintz

[Podcast] Mintz on Air: Practical Policies - Can AI Make Good Decisions in the Workplace?

Mintz on

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on the role of AI in human resources decision making in the workplace. This episode is part of a series of...more

Troutman Pepper Locke

AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast

Troutman Pepper Locke on

AI is unavoidable these days. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into what employers need to know about it, joined by their Troutman Pepper Locke partner, Brett Mason, who hosts...more

Morgan Lewis

Artificial Intelligence in Employment: Key Takeaways

Morgan Lewis on

Artificial intelligence (AI) offers employers considerable advantages, such as improved productivity, enhanced decision-making, and the ability to streamline various business processes. However, the adoption of AI technology...more

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