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Employer Liability Issues Bias

Fisher Phillips

SCOTUS Scraps Extra Hurdle in Majority-Group Bias Claims: 5 Ways That Things Will Change for Employers

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The US Supreme Court just unanimously ruled that plaintiffs alleging workplace discrimination under Title VII are not required to meet a heightened evidentiary standard just because they have “majority-group” status....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

CDF Labor Law LLP

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

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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

Texas Two-Step: State Lawmakers Grapple With AI Regulation

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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

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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

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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?

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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

A&O Shearman

Zooming in on AI #17: AI at work

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The integration of AI in the workplace is revolutionising HR. From recruitment to performance analysis, AI use cases can streamline HR processes and enhance productivity. However, the deployment of AI by employers also brings...more

Fisher Phillips

Artificial Intelligence for the Safety Professional – Benefits, Risks, and Legal Implications

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Artificial Intelligence (AI) is rapidly transforming all aspects of the work environment, including the workplace safety sector. As your organization strives to minimize workplace accidents, improve safety protocols, and...more

Littler

Considerations for Artificial Intelligence Policies in the Workplace

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In recent years, many organizations have implemented new policies on artificial intelligence (AI) use to help prevent bias, plagiarism, or use of AI tools that produce inaccurate or misleading information. Meanwhile, many...more

Fisher Phillips

Do’s and Don’ts for Your School When Conducting Job Interviews

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The job interview is a crucial factor in maintaining a school’s community, identity, and safety. But it isn’t just a chance to vet applicants for compatibility with school culture and mission – it’s also when your school can...more

Fisher Phillips

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

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Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Husch Blackwell LLP

AI and Workplace Discrimination: What Employers Need to Know after the EEOC and DOL Rollbacks

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Recent developments in federal AI policy, including the effective recission of Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) guidance on AI and workplace discrimination, have raised questions...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February 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 White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Fisher Phillips

Top 10 Employer Takeaways as New Jersey Cracks Down on AI Discrimination

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New Jersey recently put employers on notice: AI-driven bias is illegal discrimination. The state’s January 9 guidance on algorithmic discrimination makes it clear that the New Jersey Law Against Discrimination (LAD) applies...more

Fisher Phillips

AI Under Watch: New Developments in New York and California Push Businesses Toward AI Transparency and Compliance

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AI is reshaping the workplace, and two of the nation’s most influential states – California and New York – are making sure businesses take accountability. California’s Attorney General issued sweeping advisories on Monday...more

Fisher Phillips

Employer FAQs About AI Agents

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Imagine your virtual assistant did more than just respond to your questions or requests but actually took the initiative, performing complex tasks without needing instructions, learning and improving from each experience....more

Kelley Drye & Warren LLP

NJ Employers On Notice: Use of AI Tools Must Comply With New Jersey’s Law Against Discrimination

Unlike other jurisdictions, New Jersey has not yet implemented legislation directly governing the use of AI tools in employment practices. But, earlier this month, New Jersey Attorney General Matthew J. Platkin announced that...more

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

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Wearable technologies are becoming increasingly common in the workplace, but a new guidance document from the Equal Employment Opportunity Commission (EEOC) has made it clear that employers need to tread carefully. From smart...more

K&L Gates LLP

The DOL Publishes Best Practices That Employers Can Follow to Decrease the Legal Risks Associated With Using AI in Employment...

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On 16 October 2024, the Department of Labor (DOL) published a comprehensive guidance regarding the use of artificial intelligence (AI) tools in employment....more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Training Data Issues

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

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A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: What Employers Need to Know

In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior...more

Epstein Becker & Green

California Is the First State to Adopt Intersectionality of Protected Characteristics

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California continues to be the birthplace of ideas that complicate employment laws....more

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