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Employment Discrimination Hiring & Firing

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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is A Performance Improvement Plan Actionable?

Performance improvement plans or PIPs are an effective tool to document an employee’s work issues, establishing constructive goals over a set time frame. Ideally, the employee improves their performance and works with...more

Dorsey & Whitney LLP

Top U.S. Employment Law “Gotchas” for Canadian Companies

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As a U.S. employment lawyer who advises numerous Canadian companies, I’ve seen several traps that Canadian companies frequently fall into. The first step in avoiding these traps is to identify them....more

Fisher Phillips

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

Fisher Phillips on

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

Paul Hastings LLP

New California Regulations on Employers' Use of AI to Make Decisions Go Into Effect Oct. 1, 2025

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Earlier this year, the California’s Civil Rights Council (CRC), a branch of the California Civil Rights Department, approved the final text of new regulations to address employers’ lawful use of artificial intelligence (AI)...more

Mintz

Real Versus Robot: Biometric Vetting in Hiring

Mintz on

3 Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ...more

Ballard Spahr LLP

Dueling Federal and State Directives on AI Hiring Technology Bring Compliance Challenges for Employers

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The federal government recently unveiled America’s AI Action Plan (the Plan), a sweeping policy roadmap aimed at clearing away regulatory barriers, supercharging U.S. investment in infrastructure and talent surrounding AI,...more

McAfee & Taft

Manager’s acts and omissions provide evidence of discrimination and retaliation

McAfee & Taft on

Responding to discriminatory comments, modifying work duties after a request for disability accommodation, and documenting internal business reorganizations are part of a manager’s job. But if handled incorrectly or...more

Holland & Hart LLP

California's New AI Employment Rules and the Workday Lawsuit: What HR Needs to Know

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Starting October 1, 2025, California’s new regulations on Automated Decision Systems (ADS) will impose strict compliance obligations on employers using AI in hiring, promotions, evaluations, and other employment decisions....more

Husch Blackwell LLP

Michigan Supreme Court Upends Shortened Limitations Periods in Employment Contracts

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Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more

Fisher Phillips

Colorado Governor Calls Special Session to Revisit Groundbreaking AI Law: 3 Possible Paths We Foresee

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Colorado Governor Jared Polis just called for a special legislative session starting August 21 to revisit the state’s landmark artificial intelligence law, signaling that employers and businesses may gain a reprieve from what...more

Fisher Phillips

What PEOs Need to Know About the Current State of Workplace AI Regulation

Fisher Phillips on

As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more

Blake, Cassels & Graydon LLP

Embauche, congédiement et antécédents judiciaires : ce que les employeurs doivent savoir au Québec

Au Québec, les dispositions de la Charte des droits et libertés de la personne (la « Charte ») balisent le droit d’un employeur de congédier un employé ou de refuser d’embaucher un candidat en raison d’une condamnation à une...more

Fisher Phillips

New DEI Guidance Ties Federal Funding to Compliance and Provides Roadmap for Employers: Your 6 Biggest Takeaways

Fisher Phillips on

Federal officials just issued another warning that employers may be at risk of losing federal funding – including grant funding – if their DEI or similar programs violate anti-discrimination laws. Recent guidance from the...more

Fisher Phillips

“Regulate AI Outcomes, Not AI Tools.” Congressman Shares Vision for AI Regulation + 5 Tips for Employers

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Speaking at last week’s FP AI Conference, Congressman Jay Obernolte set out to debunk two misconceptions about artificial intelligence. The first is that AI is largely unregulated. The second is that we need to pass myriad...more

Eversheds Sutherland (US) LLP

NLRB Acting General Counsel issues memorandum on union salting

On July 24, 2025, Acting General Counsel William B. Cowen of the National Labor Relations Board (NLRB) issued GC Memorandum 25-08, offering updated guidance to regional offices evaluating cases involving “salting”—a union...more

Proskauer - Law and the Workplace

[Podcast] AI Bias Audits

In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor &...more

Foster Garvey PC

2025 Legislative Developments Affecting Washington Employers

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Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...more

Woods Rogers

Disparate Impact & Enforcement Rollbacks: What’s the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler for an insightful discussion on disparate impact and the recent rollback of government enforcement in these types of...more

Sheppard Mullin Richter & Hampton LLP

California Approves Rules Regulating AI in Employment Decision-making

Effective October 1, 2025, updated regulations from the California Civil Rights Council will formally restrict the use of artificial intelligence (AI) tools in employment decision-making by California employers. In the...more

DCI Consulting

Updated California FEHA Rules on AI and Equal Employment Practices

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BLOG OVERVIEW: California's amendments to its FEHA are set to go into effect October 1, 2025. Employers will need to be aware of a number of changes that will impact them, including broader regulations on EEO compliance...more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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In the closely watched case Mobley v. Workday, the Northern District of California recently granted preliminary certification of a collective action for age discrimination claims against Workday’s AI-based applicant...more

DCI Consulting

[Webinar] AI and Automated Decision Making in Employment: 2025 Regulatory Update - August 13th, 2:00 pm - 2:30 pm EDT

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In the past several years, employers have sought to increase efficiency and effectiveness in recruitment and selection efforts by deploying artificial intelligence (AI) tools in their processes. While existing...more

Keating Muething & Klekamp PLL

AI in Hiring: The Promise, the Pitfalls, and the Response

From resume screening bots to AI tools that assess facial expressions in interviews, artificial intelligence is rapidly changing how employers make decisions about candidates and employees. Artificial intelligence (AI) and...more

Jackson Lewis P.C.

California Construction Employers May Rely On Legal Exemption To Drug Test for Marijuana

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California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct...more

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