News & Analysis as of July 31, 2025

Job Applicants

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

When Automation Moves Too Fast: The Hidden Risks of AI in Hiring

Mitratech Holdings, Inc on 7/30/2025

On June 30, 2025, two security researchers revealed a security oversight that every hiring leader implementing AI should be aware of. Researchers accessed 64 million job application records from Paradox, a conversational AI...more

Real Versus Robot: How to Make Sure You’ve Hired a Human

Mintz on 7/30/2025

My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that AI poses through exploitative images on social media and in the workplace. It is...more

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

Husch Blackwell LLP on 7/30/2025

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

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

DCI Consulting on 7/30/2025

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

Work This Way: An Employment Law Video Podcast | Episode 51: Smarter Recruiting Strategies with Rhiannon Poore of Forge Search

Maynard Nexsen on 7/9/2025

Recorded at the 2025 Greenville SHRM Conference, hosts Tina and Faye welcome Rhiannon Poore, Founder and CEO of Forge Search, to explore how companies can rethink their recruiting strategies in today’s competitive labor...more

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

Fisher Phillips on 7/3/2025

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

California Bill Would Limit Use of AI and Personality Testing in Workplace

Parker Poe Adams & Bernstein LLP on 6/27/2025

California often acts as the nation’s laboratory for employment laws that are eventually adopted by other states or even the federal government. Earlier this month, the California Senate passed a measure that would sharply...more

AI, Deepfakes, and the Rise of the Fake Applicant – What Employers Need to Know

Bradley Arant Boult Cummings LLP on 6/26/2025

In an age of artificial intelligence and technological advances that improve the quality of deep fake programming, companies must remain vigilant to protect their brand and assets. They also have to be wary of who is applying...more

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

Dickinson Wright on 6/3/2025

Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

AI job interviews: What we have to "look forward" to

Constangy, Brooks, Smith & Prophete, LLP on 5/30/2025

Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

Littler on 5/23/2025

Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more

AI in Job Postings: What Employers in Canada Need to Know

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/22/2025

Artificial intelligence (AI) is rapidly changing the hiring landscape. Whether scanning resumes with machine learning tools or ranking candidates based on predictive models, employers in Canada may now want to ensure...more

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

Davis Wright Tremaine LLP on 5/22/2025

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

Fisher Phillips on 5/21/2025

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

Law Firms Must Prioritize Hiring for Curiosity and Work Ethic in the AI Era

Best Era on 5/19/2025

In today's rapidly evolving legal landscape, artificial intelligence is democratizing execution across the profession. As routine tasks become automated, the qualities that differentiate exceptional legal professionals are...more

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on 5/5/2025

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Another Legal Challenge to an AI Interviewing Tool

Proskauer - Law and the Workplace on 4/30/2025

In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing...more

[Podcast] AI at Work: Design Use Mismatches

Proskauer - Law and the Workplace on 4/4/2025

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

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Germany’s Political Shift Could Bring Changes to Labor Law and Social Policy: Key Points for Employers

Fisher Phillips on 3/17/2025

Germany’s federal election last month signaled a shift in the country’s politics – and employers need to understand how this might soon impact them. The center-right Christian Democratic Union and Christian Social Union won...more

[Webinar] Fall in Love with Job Analysis: An Introductory Guide to Studying Jobs - February 12th, 2:00 pm - 2:30 pm EST

DCI Consulting on 1/29/2025

Curious about the fundamentals of job analysis and why it's essential to a strong HR foundation? Join us this February for a webinar that will make you "fall in love" with job analysis. We'll introduce you to the basics,...more

Law Firm Hiring Dominated the ESI Job Market in 2024

Association of Certified E-Discovery... on 1/10/2025

December’s Eye on ESI saw Mike Quartararo, president of ACEDS, and Maribel Rivera, ACEDS VP of Strategy and Client Engagement and me discussing a year-end roundup of latest trends in the ediscovery industry, along with my...more

The Double-Edged Sword of AI: How Employers Can Harness Big Data Responsibly

Baker Donelson on 12/20/2024

Imagine this scenario: a hiring manager has been grappling with the challenge of finding a more effective way to screen candidates for open positions within their company. They've spent endless hours poring over resumes,...more

DOL's AI Hiring Framework Offers Employers Helpful Guidance on Combatting Algorithmic Bias

K&L Gates LLP on 11/18/2024

On 24 September 2024, the Department of Labor (DOL) announced the publication of the “AI & Inclusive Hiring Framework” (Framework) to “support the inclusive use of artificial intelligence in employers’ hiring technology and...more

Using AI to Pursue Hiring and DEI Goals: A Q&A for Employers

Orrick, Herrington & Sutcliffe LLP on 11/13/2024

Employers are increasingly using AI in hiring to streamline recruitment, reduce time-to-hire and eliminate bias. Companies are also considering how AI tools can further diversity, equity and inclusion (DEI) efforts, such as...more

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