News & Analysis as of August 7, 2025

Audits

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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 -

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

Fisher Phillips on 8/7/2025

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

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

Fisher Phillips on 3/18/2024

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Mitratech Holdings, Inc on 2/13/2024

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

DCI Consulting on 1/29/2024

DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

When Artificial Intelligence Discriminates: A Look at the First AI Employment Lawsuit and What it Means

Miles Mediation & Arbitration on 10/4/2023

Artificial intelligence (AI) is being used in nearly every aspect of business today, but at what cost? A recent lawsuit brought by the EEOC has demonstrated one of risks of using AI in the recruiting and hiring process; this...more

Are You Compliant with NYC’s New Rules for Using AI in the Workplace? Answers to Your Top 7 Questions

Fisher Phillips on 7/31/2023

Businesses that use artificial intelligence tools to hire and promote employees in the Big Apple are navigating uncharted waters as they grapple with significant compliance obligations. New York City’s first-of-its-kind law...more

New York City Releases New Guidance on Law Regulating Use of Automated Employment Decision-Making Tools

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2023

On June 29, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued new guidance on the enforcement of the city’s law regulating the use of automated employment decision tools (AEDTs) ahead of the...more

Identifying AI's Impact in Employment: New York City Issues New Rules for Employers Using Automated Tools for Hiring and Promotion

Venable LLP on 5/4/2023

Attempting to increase transparency surrounding the use—and potential disparate impact—of artificial intelligence and data analytics in employment determinations, the New York City Department of Consumer and Worker Protection...more

New York City Employers Beware: The Big Apple has Issued Its Final Rule Regulating AI Tools Used to Vet Job Applicants (Other...

Foley & Lardner LLP on 5/2/2023

At this point in the evolution of AI technology, while there is endless debate about nothing less lofty than AI’s broad implications for humanity as a whole, it seems we can all agree on one small point. The use of AI models...more

NYC Department of Consumer and Worker Protection Issues Guidance on Automated Employment Decision Tool Law

Harris Beach Murtha PLLC on 4/27/2023

On April 6, 2023, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Final Rule to provide guidance regarding the City’s Automated Employment Decision Tool (“AEDT”) Law, which we covered in more...more

[Webinar] Expert Summit for Employment Attorneys: Artificial Intelligence: Bias Audits and Beyond - February 28th, 2:00 pm - 3:00...

DCI Consulting on 1/25/2023

Many employers use technology-enabled tools, including those leveraging artificial intelligence, to make high stakes employment decisions. The equal employment opportunity (EEO) landscape in this area is constantly evolving,...more

New York City Updates Proposed Rules for Automated Employment Decision Tools: What’s New and What’s Next

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/5/2023

On December 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) published updated proposed rules to implement the city’s automated employment decision tools (AEDT) law (Local Law 144). The law...more

New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

Proskauer - Law and the Workplace on 10/5/2022

On Friday, September 23rd, the New York City Department of Consumer and Worker Protection issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (“Proposed Rules”) related to Local Law 144 (“the Law”),...more

New York City’s Automated Employment Decision Tools Law: Proposed Rules Are Finally Here

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2022

On September 23, 2022, the New York City Department of Consumer and Worker Protection published proposed rules to implement the city’s automated employment decision tools (AEDT) law. The law, which will take effect on...more

Silver Lining in New York City? New Requirements For Using A.I. in Employment Decisions

Sheppard Mullin Richter & Hampton LLP on 1/25/2022

Artificial Intelligence is here to stay and New York City has enacted legal guidelines for employers who use it. NYC’s Automated Employment Decision Tools (AEDT) law will, effective January 1, 2023, set new standards for...more

NYC Will Require Bias Audits of Automated Employment Tools

Fox Rothschild LLP on 1/7/2022

In less than one year, any employer in New York City that uses automated tools to screen job applicants must demonstrate that an annual bias audit has been completed to continue using such tools. The law, which takes...more

New York City Takes Aim at Artificial Intelligence in Employment

Lowenstein Sandler LLP on 12/16/2021

The rise of artificial intelligence and other computer-based, data-driven decisions may seem attractive to employers looking to parse a deep pool of qualified candidates. But concerns that biases may affect these automated...more

Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence...

Proskauer - Law and the Workplace on 3/11/2020

As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen...more

Equal Pay Audits: Current State of the Law

Skadden, Arps, Slate, Meagher & Flom LLP on 10/4/2018

On September 20, 2018, Skadden hosted the webinar “Equal Pay Audit: Current State of the Law.” The panelists were Karen Corman, Skadden labor and employment partner; Robin Quittell, managing director, chief human resources...more

Massachusetts Employers Receive Guidance On Equal Pay Law - The Long-Anticipated Document Raises As Many Questions As It Answers

Fisher Phillips on 3/5/2018

Massachusetts Attorney General Maura Healey just issued much-anticipated and long-awaited guidance regarding the amended Massachusetts Equal Pay Act (MEPA), which is scheduled to take effect on July 1, 2018. As most know by...more

A Deeper Dive Into Oregon’s Landmark Pay Equity Law

Fisher Phillips on 12/22/2017

Six months ago, the Oregon legislature passed the most sweeping statewide equal pay law in the nation. It was a confusing move for some. After all, Oregon has had an equal pay law on the books since the early 1980s, while the...more

CFPB’s Message to Employment Background Screening Providers: A Rose by Any Other Middle Name is Probably the Wrong Person

MoFo Reenforcement on 11/4/2015

On October 29, the CFPB took action against two of the country’s largest employment background screening report providers for violations of the FCRA. This is one of the CFPB’s most significant FCRA actions to date, following...more

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