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Employer Liability Issues Automated Decision Systems (ADS) Employment Discrimination

Cooley LLP

AI in the Workplace: US Legal Developments

Cooley LLP on

Recent federal, state and litigation developments in artificial intelligence (AI) use in the workplace highlight the growing tension between fostering innovation and safeguarding against discrimination and other harms arising...more

Berkshire

State of California to regulate use of AI in employment

Berkshire on

Effective October 1, 2025, significant revisions to Title 2 of the California Code of Regulations goes into effect. The regulations manage the enactment of the state’s Fair Employment and Housing Act (FEHA) and the...more

McAfee & Taft

Litigation risks increase as more employers use AI tools in hiring decision-making process

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The use of artificial intelligence in employment decision-making has continued to rise since its inception. Nowhere is this more evident than in hiring decisions. Employers have used AI to help screen résumés, schedule...more

Tucker Arensberg, P.C.

AI in the Workplace: Navigating the Legal Minefield in the Digital Gold Rush

Tucker Arensberg, P.C. on

Artificial intelligence is transforming the workplace — but the law is struggling to keep up. In industries like steel and manufacturing, where efficiency, safety, and workforce management are paramount, the adoption of AI...more

CDF Labor Law LLP

Deadline for Compliance - Civil Rights Department AI Regulations are Six Weeks Away!

CDF Labor Law LLP on

On October 1, 2025, the CRD’s new regulations aimed at protecting employees and applicants from potentially discriminatory employment decisions made using automated decision systems (ADS) will take effect. These new...more

Greenberg Glusker LLP

AI Is Not Your HR Department: California’s New Regulation Wants You to Remember That

Greenberg Glusker LLP on

Starting October 1, 2025, California’s Civil Rights Department (CRD) will roll out new regulations on Automated Decision-Making Systems (ADMS). If your reaction is “What in the heck is that?”—congratulations, you're in the...more

Keating Muething & Klekamp PLL

Outsourcing Hiring Won’t Outsource Risk: Implications for Employers Using AI in Hiring

Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor...more

Holland & Hart LLP

California's New AI Employment Rules and the Workday Lawsuit: What HR Needs to Know

Holland & Hart LLP on

Starting October 1, 2025, California’s new regulations on Automated Decision Systems (ADS) will impose strict compliance obligations on employers using AI in hiring, promotions, evaluations, and other employment decisions....more

Fisher Phillips

What PEOs Need to Know About the Current State of Workplace AI Regulation

Fisher Phillips on

As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more

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

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

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

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

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

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

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

California Legislature Introduces Several Employment Law Bills for 2025

California lawmakers introduced numerous bills early in the 2025 legislative session that could affect California employment law in significant ways. Although it is too soon to predict which bills, if any, will advance, the...more

Jones Day

Illinois Becomes Second State to Pass Broad Legislation on the Use of AI in Employment Decisions

Jones Day on

On August 9, 2024, Illinois Governor J.B. Pritzker signed into law H.B. 3773 (the "Act"), making Illinois the second state to pass broad legislation on the use of artificial intelligence ("AI") in employment decisions....more

Paul Hastings LLP

Does the Use of AI in the Hiring Process Expand Who Can Be Sued for Discrimination?: One Federal Court in California Says Yes

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The increasing use of artificial intelligence (“AI”) tools to assist employers with recruiting decisions invites the question of who can be held legally responsible if those decisions allegedly are discriminatory. Typically,...more

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

California Civil Rights Department Unveils New Proposed Regulations on Employers’ Use of AI and Automated Systems

The California Civil Rights Department (CRD) has released new proposed regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems that would affirm that the use of such...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...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

Constangy, Brooks, Smith & Prophete, LLP

Cyber Chronicles IV: Bias, discrimination, and AI for employers

It’s an understatement to say that companies are excited about Artificial Intelligence. AI has the potential to optimize productivity and improve efficiency in many areas of a business. The potential benefits are undeniable,...more

Faegre Drinker Biddle & Reath LLP

No Robot Bosses! Congress Takes on Employers’ Use of Artificial Intelligence

Lawmakers nationwide are increasing efforts to comprehend and control employers’ use of Artificial Intelligence (AI). Sens. Bob Casey (D-PA) and Brian Schatz (D-HI) introduced the “No Robot Bosses Act” (the Bill) on July 20,...more

Kilpatrick

NYC Tackles AI and Automated Decision-making in Employment and Recruiting

Kilpatrick on

As the public and private sectors continue to struggle with harnessing the opportunities and risks associated with AI, New York City tackled a discrete area of AI-related concern – employment and recruiting – with the...more

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