News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Bias

Seyfarth Shaw LLP

Navigating “Anti-American Hiring Bias” Priorities & Staying Compliant While Sponsoring Talent in the U.S.

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In recent months, we have seen a rise in charges filed with the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) and announcements from the Equal Employment Opportunity Commission (EEOC)...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

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The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

Fisher Phillips

SCOTUS Scraps Extra Hurdle in Majority-Group Bias Claims: 5 Ways That Things Will Change for Employers

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The US Supreme Court just unanimously ruled that plaintiffs alleging workplace discrimination under Title VII are not required to meet a heightened evidentiary standard just because they have “majority-group” status....more

CDF Labor Law LLP

AI in Hiring: Litigation and Regulation Update

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The integration of Artificial Intelligence (AI) into employment decision-making has revolutionized how companies recruit, evaluate, and manage employees. These high-functioning AI tools are capable of screening job...more

Potomac Law Group, PLLC

Disparate Impact Under Fire: What EO 14281 Means for Equal Opportunity

Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

Tucker Arensberg, P.C.

Ai in the Workplace Series - Part 2: From Harrisburg to the White House: the Digital Gold Rush is Leaving Employers in the Dark

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This is the second installment in our AI in the Workplace series, where we explore the rapidly evolving landscape of artificial intelligence and its impact on employers. In Part 1, we examined worker surveillance and FCRA...more

Jackson Lewis P.C.

Attending to EEOC’s New Workplace Focus: Antisemitism on College Campuses

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Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a statement on March 17, 2025, notifying universities and colleges that the EEOC intends to hold them accountable for antisemitism in on-campus...more

Holland & Knight LLP

Artificial Intelligence in Hiring: Diverging Federal, State Perspectives on AI in Employment?

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The Trump Administration has moved quickly to roll back Biden-era protections related to artificial intelligence (AI) in federal hiring practices. On Jan. 20, 2025, President Donald Trump issued an executive order (EO),...more

Lowenstein Sandler LLP

AI Use in Employment Decisions

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In this episode, host Megan Monson talks with Amy C. Schwind from Lowenstein's Executive Compensation, Employment & Benefits practice group about AI's growing role in human resources processes and employment decisions. They...more

Bradley Arant Boult Cummings LLP

What’s the Latest News with DEI?

As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

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On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

Walkers

Facebook posts, discrimination and employment – the Guernsey and Jersey perspective

Walkers on

An employee simply holding an objectionable belief is not enough to justify disciplinary action but how it is manifested can be subject to limitations if it impacts the employer or others. While employers can take action...more

Oppenheimer Investigations Group

Key Insights for Impartial Investigations: Can One be Opinionated and Unbiased at the Same Time?

People, including investigators, have opinions, but that doesn’t necessarily get in the way of doing impartial investigations into school or workplace claims of misconduct, which often center around sensitive issues such as...more

Ballard Spahr LLP

Trump EEOC Says “Anti-American Bias” Is New Focus of Discrimination Enforcement

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On February 19, the EEOC, through its acting chair Andrea Lucas, pledged rigorous enforcement of civil rights laws against companies that show bias for foreign workers, including visa holders, over US citizens. The change...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Black Box Issues

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to clarify legal standard for “reverse” bias claims

On February 26, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case involving the appropriate standard for plaintiffs in a “reverse” discrimination case. Marlean Ames sued the...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers...more

Benesch

EEOC Shakeups Under the Trump Administration Targeting Gender Identity, Abortion Accommodations, and AI Bias

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The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is...more

Troutman Pepper Locke

Advising Employers as AI Meets DEI and Discrimination

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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

Akin Gump Strauss Hauer & Feld LLP

Ending Radical and Wasteful Government DEI Programs and Preferencing (Trump EO Tracker)

The Director of the Office of Management and Budget (OMB), assisted by the Attorney General and the Director of the Office of Personnel Management (OPM), shall coordinate the termination of all discriminatory programs,...more

Husch Blackwell LLP

AI and Workplace Discrimination: What Employers Need to Know after the EEOC and DOL Rollbacks

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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

Mintz

Calling the Right DEI Play for the NFL

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Today's Wall Street Journal story about Roger Goodell's decision to maintain the NFL's DEI programs reported that Mr. Goodell stood by the football league’s diversity initiatives, which would not change in response to the...more

Proskauer - Law and the Workplace

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more

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