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Employer Liability Issues Bias Title VII

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

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

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

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

Saul Ewing LLP

Amendment to Illinois Human Rights Act Prohibits Discriminatory Use of AI

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On August 9, 2024, Illinois Governor JB Pritzker signed HB 3773, which amends the Illinois Human Rights Act (IHRA) to restrict an employer’s use of artificial intelligence (“AI”) in employment practices....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

Epstein Becker & Green

Fifth Circuit Applies Its New Broader Title VII Standard in Bias Case

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On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

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As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

Fisher Phillips

10 Biggest Takeaways for Employers as Federal Appeals Court Expands Scope of Anti-Bias Law

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One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th...more

Brooks Pierce

Implications for Employers Following the Supreme Court’s Latest Civil Rights Decisions

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In three long-awaited decisions released on June 29-30, the Supreme Court has altered the legal landscape between an employer and its employees. One decision concerning affirmative action and the use of race-based decision...more

Jenner & Block

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate...

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On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more

Verrill

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

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Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything,...more

K&L Gates LLP

EEOC Issues Nonbinding Guidance on Permissible Employer Use of Artificial Intelligence to Avoid Adverse Impact Liability Under...

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On 18 May 2023, the US Equal Employment Opportunity Commission (EEOC) issued nonbinding guidance on how existing federal anti-discrimination law may apply to employers’ use of artificial intelligence (AI) when hiring, firing,...more

Parker Poe Adams & Bernstein LLP

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

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In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Seyfarth Shaw LLP

Google: Demonstrating The Hazards Of Employment Discrimination From Every Angle

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Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

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On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Fisher Phillips

Getting Unconscious Bias Into Your Company’s Consciousness

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If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are...more

U.S. Equal Employment Opportunity Commission...

Century Park Associates / Garden Plaza Of Greenbriar Cove Sued By EEOC For Religious Bias

Retirement Community Demanded Two Employees Work on Sabbath, Federal Agency Charges - CHATTANOOGA, Tenn. -- Century Park Associates, LLC, dba Garden Plaza at Greenbriar Cove, which operates a senior and assisted living...more

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