News & Analysis as of

Employment Discrimination › Machine Learning › Disparate Impact

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

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

Holland & Knight LLP on

Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

Seyfarth Shaw LLP on

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

Troutman Pepper Locke on

This article provides guidance and best practices for counseling employers on key employment discrimination and diversity, equity and inclusion-related legal issues associated with using artificial intelligence tools. ...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

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

Ius Laboris

Discrimination and bias in AI recruitment: a case study

Ius Laboris on

Barely a day goes by without the media reporting the potential benefits of or threats from AI. One of the common concerns is the propensity of AI systems to return biased or discriminatory outcomes. By working through a case...more

Dorsey & Whitney LLP

The U.S. Equal Employment Opportunity Commission Has Confirmed That Employers Face Potential Liability If They Use AI Tools To...

Dorsey & Whitney LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) has released guidance confirming that employers face potential liability if they use AI tools to screen applicants in a way that disproportionately impacts employees...more

Littler

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

Littler on

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

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