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Employer Liability Issues Machine Learning Employment Discrimination

Ice Miller

Bias in the Machine: How AI Hiring Tools Create Risk for Employers

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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

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

Greenberg Glusker LLP

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

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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

Frantz Ward LLP

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

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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

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

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

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

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

BCLP on

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

Littler

DOL Issues “AI & Inclusive Hiring Framework” Through Non-Governmental Organization

Littler on

On September 24, 2024, the U.S. Department of Labor (DOL) announced publication of its “AI & Inclusive Hiring Framework” website, described as “a new tool designed to support the inclusive use of artificial intelligence in...more

Fisher Phillips

Illinois Employers Using AI for Workplace Purposes Will Soon Need to Provide Notice: 10 Quick Takeaways and 5 Things You Should Do...

Fisher Phillips on

Thanks to a new law signed into effect by Governor J.B. Pritzker, Illinois employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other...more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

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

Seyfarth Shaw LLP

Aligning Enforcement: EEOC’s High-Tech Report and IER’s Growing Interest on AI Compliance

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Navigating the complex intersection of employment practices, technology, and the evolving legal landscape has become increasingly vital for those specializing in immigration compliance and related discrimination law. This...more

Morgan Lewis

Illinois Passes New Law to Address AI in the Workplace

Morgan Lewis on

Despite the rapid rise in the use of artificial intelligence (AI) in the workplace, legislation regulating employers’ use of AI remains sparse. Until recently, only New York City and Colorado had passed laws governing an...more

Shook, Hardy & Bacon L.L.P.

Illinois Enacts Law Regulating Employers' Use of Artificial Intelligence

On August 9, 2024, Gov. J.B. Pritzker signed HB3773 into law, amending the Illinois Human Rights Act (IHRA) to address the growing use of artificial intelligence in the workplace....more

Seyfarth Shaw LLP

Legal Update: New Illinois AI Law Requires Employee Notice, Affirms Existing Employer Nondiscrimination Duties

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Seyfarth Synopsis: On August 9, 2024, Illinois joined Colorado on the list of states that have enacted legislation specifically imposing obligations and restrictions on employers’ use of artificial intelligence to make...more

Epstein Becker & Green

Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions

Epstein Becker & Green on

On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions....more

Seyfarth Shaw LLP

Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory

Seyfarth Shaw LLP on

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

Epstein Becker & Green

California District Court Rules That Software Vendor Is Subject to Title VII, the ADA, the ADEA

Epstein Becker & Green on

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

Epstein Becker & Green

An Oxymoron or a Road Map? US Department of Labor’s Artificial Intelligence and Worker Well-Being

The Department of Labor's (DOL) May 16, 2024 guidance, Artificial Intelligence and Worker Well-Being: Principles for Developers and Employers, published in response to the mandates of Executive Order 14110 (EO 14110)...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

Akerman LLP - HR Defense

California Proposes New Legislation Prohibiting Algorithmic Discrimination in the Workplace

Algorithmic discrimination continues to be a focal point of concern, as evidenced by recent legislation introduced in California which, if passed into law, will require employers who use automated decision tools to make...more

CDF Labor Law LLP

The DOL’s New Guidance for AI and its Impact in the Workplace

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It goes without saying that Artificial Intelligence (“AI”) is no longer just a concept in science fiction movies. With the technological advancements that AI provides, it is no wonder that employers are turning to AI to hire...more

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