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Hiring & Firing Employer Liability Issues Artificial Intelligence

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... more +
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 -
CDF Labor Law LLP

[Webinar] AI, Algorithms & Employer Protection — What You Need to Know - August 20th, 10:00 am - 11:00 am PT

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Join CDF's Privacy and AI Practice Group Partners, Dan Forman, Dalia Khatib and Linda Wang, on August 20, 2025 at 10:00 AM (Pacific) for a timely discussion on how emerging AI regulations and privacy laws are reshaping...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

Fisher Phillips

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

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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

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

Mintz

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

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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

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

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

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

Conn Kavanaugh

Artificial Intelligence in Human Resources: A Guide for Business Leaders

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This is the first in a series of three articles regarding AI in the workplace. The integration of artificial intelligence (“AI”) into human resources operations presents both unprecedented opportunities and significant...more

McDermott Will & Schulte

State laws on AI hiring tools persist after One Big Beautiful Bill Act

As explained in our recent client alert, states and localities are, for the time being, free to legislate the use of artificial intelligence (AI) tools after the US Senate voted to remove language from President Donald...more

Proskauer - Law and the Workplace

‘Big Beautiful Bill’ Leaves AI Regulation to States and Localities … For Now

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act into law—a budget reconciliation bill enacting several signature policies of the President’s second-term agenda.  Left on the cutting-room floor, however,...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

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

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Bradley Arant Boult Cummings LLP

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

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

Sheppard Mullin Richter & Hampton LLP

Where Are We Now With the Use of AI in the Workplace?

As we previously reported, employers must navigate a rapidly evolving legal landscape as artificial intelligence (AI) continues to transform the modern workplace. From federal rollbacks to aggressive state-level regulation,...more

Holland & Hart - Employers' Lawyers

New AI Hiring Rules and Lawsuits Put Employers on Notice: What HR Needs to Know

Adam Bouka By Adam Bouka Artificial Intelligence (AI) is transforming how companies find, evaluate, and hire talent—but it’s also raising red flags among regulators and courts. Two big developments in May 2025 show that HR...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

Fisher Phillips

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

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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

Bradley Arant Boult Cummings LLP

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to...more

CDF Labor Law LLP

New AI Laws May Go Into Effect As Early As July 1, 2025

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On March 21, 2025, the California Civil Rights Council adopted its final regulations regarding automated decision-making systems. In the employment context, automated decision-making systems can include a wide range of tools...more

Fisher Phillips

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

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

Fisher Phillips

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

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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

Troutman Pepper Locke

AI in Employment: Navigating the Legal Landscape with Lessons from I, Robot — Hiring to Firing Podcast

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AI is unavoidable these days. In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter delve into what employers need to know about it, joined by their Troutman Pepper Locke partner, Brett Mason, who hosts...more

Akerman LLP - HR Defense

Back to Basics: The 2025 Employment Law Playbook

The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a...more

Fisher Phillips

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

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Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

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