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Employment Discrimination Disparate Impact Corporate Counsel

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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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

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Fisher Phillips

BREAKING: Senate Votes to Drop State AI Law Pause, Opening Door for More Workplace Regulation – What Should Employers Do?

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Senators voted overwhelmingly in the early morning hours yesterday to drop the proposed pause on state AI laws that would have dissuaded state lawmakers from regulating artificial intelligence at the local level for the next...more

Fox Rothschild LLP

California to Regulate Use of AI in Employment Starting October 1, 2025

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Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...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

Constangy, Brooks, Smith & Prophete, LLP

Filing window for 2024 EEO-1 Reports now open

Window closes June 24 – and don’t expect an extension.   The Equal Employment Opportunity Commission announced the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit...more

Epstein Becker & Green

New Executive Order Addresses Disparate Impact Liability: Key Implications for Employers

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On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”). This EO states its purpose as a solution to claims of employment discrimination based on...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

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

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

Fisher Phillips

EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know

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Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible...more

Littler

EEOC Issues Guidance on Use of Artificial Intelligence Tools in Employment Selection Procedures Under Title VII

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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”), the federal agency charged with administering federal civil rights laws (including Title VII of the Civil Rights Act, the Americans...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

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On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Constangy, Brooks, Smith & Prophete, LLP

No "Disparate Impact" Claim For Older Applicants, Court Says

Another chapter in a continuing saga. I've written three times about Dale Kleber, the very experienced attorney who was not considered for an entry-level job as in-house counsel with a health care company. Mr. Kleber, who...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

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The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Franczek P.C.

Are Outsourcing Arrangements a New Vehicle for Alleging Employment Discrimination?

Franczek P.C. on

Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United...more

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