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As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more
An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more
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
Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration....more
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
On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more
Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more
Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more
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
Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more
Seyfarth Synopsis: On July 12, 2024, the court issued a mixed ruling in the closely watched Mobley v. Workday putative class action, which claims that Workday, a Human Capital Management platform, is directly liable for...more
On July 12, 2024, in a keenly awaited decision, the U.S. District Court for the Northern District of California determined that Workday, Inc. (“Workday”), a provider of AI-infused human resources (HR) software, can be held...more
In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more
Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools - On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more
Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued new technical guidance on how to measure adverse impact when employment selection tools use artificial intelligence (AI), titled “Assessing...more
Q. Has the U.S. Equal Employment Opportunity Commission (EEOC) issued any recent guidance regarding employers’ use of artificial intelligence (AI)? ...more
Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more
According to a 2022 survey from the Society for Human Resource Management, approximately one in four organizations use automation and/or AI to support employment-related activities, such as recruitment and hiring. AI tools...more
Today employers have at their disposal many applications and automated solutions to help them with making employment decisions such as hiring, firing, promotion, or discipline. However, using these applications and automated...more
Employers are increasingly relying on electronic systems to supplement – and, at times, supplant – the work of actual human employees relating to certain hiring, retention and employee-management practices. Such systems are...more
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
INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2022 (hereafter “Report”), our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more
The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants. The guidance explains...more
On October 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled an initiative focused on fairness in the use of artificial intelligence (AI) and algorithmic tools, showing that federal regulators...more