News & Analysis as of August 11, 2025

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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 -

2025 Legislative Developments Affecting Washington Employers

Foster Garvey PC on 7/31/2025

Washington employers face a wave of new workplace legislation, some of which recently became effective and some that will begin in 2026 and beyond. These new or modified laws address a broad range of topics, many of which...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

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

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

Fisher Phillips on 6/24/2025

Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...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

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

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

Fisher Phillips on 11/12/2024

A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Fisher Phillips on 7/15/2024

Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at...more

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

Littler on 3/1/2024

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more

AI Legislation Update: February 14, 2024

Husch Blackwell LLP on 2/14/2024

Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills. Below is our first regular update on the status of US...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

What Employers Need to Know about the SCOTUS Affirmative Action Decision

Paul Hastings LLP on 7/6/2023

Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

AI and the Workplace: Employment Considerations

Skadden, Arps, Slate, Meagher & Flom LLP on 6/28/2023

The use of artificial intelligence (AI) in the workplace is growing exponentially. Companies are looking to harness AI to improve productivity and efficiency as AI’s capabilities continue to expand. In doing so, employers...more

New York City Issues Regulations for Use of Artificial Intelligence Tools in Human Resources

Polsinelli on 4/20/2023

On April 6, 2023, the New York City Department of Consumer and Worker Protection issued its final rule interpreting the City’s Local Law 144 regulating the use of "automated employment decision tools," which went into effect...more

Employers Beware: The Rise of AI (Regulation)

McGuireWoods LLP on 4/18/2023

Artificial intelligence (AI) continues to transform the world and the workplace. From facial-analytic tools that assess interviewees to bots that screen applicants, AI technology is gaining traction in many human resources...more

Chat GPT and OpenAI – What is it and will it impact Human Resources?

McNees Wallace & Nurick LLC on 4/17/2023

We have posted about employer use of Artificial Intelligence, AI, and the emerging legal issues associated with such tools, and no doubt, AI is going to continue to be a hot topic. The growth of AI tools and their usage...more

New York City’s AI Bias Law Has Been Postponed

Robinson+Cole Data Privacy + Security Insider on 3/24/2023

The New York City Department of Consumer and Worker Protection will delay enforcement of Local Law 144, until April 15, 2023. The law requires companies operating in the City to audit automated employment decision tools for...more

How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Perkins Coie on 2/20/2023

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more

Increased Federal Focus on Artificial Intelligence in Employee Selection

DCI Consulting on 1/27/2023

Recently, New York City’s law related to the use of automated employment decision tools (where hiring/promotion decisions involve algorithmically-driven mechanisms) has garnered much attention. Other local/state entities...more

New York Artificial Intelligence Employment Law Delayed

Faegre Drinker Biddle & Reath LLP on 12/26/2022

The New York City Department of Consumer and Worker Protection (DCWP) announced that it will not start enforcing the law regulating automated employment decision tools until at least April 15, 2023. Local Law 144 of 2021 was...more

Legal Considerations for Using Artificial Intelligence in Hiring

Troutman Pepper Locke on 10/19/2022

Over the past decade, employers and employee recruiting platforms have increasingly relied on advanced technology, such as artificial intelligence (AI) and algorithms, to assist with screening, interviewing, and selecting...more

The Use of Artificial Intelligence Tools in Employment Decisions Can Lead to Violations of the ADA and New York City Law

Wilson Sonsini Goodrich & Rosati on 10/7/2022

Employers’ use of artificial intelligence (AI) tools in making hiring and other employment decisions is drawing increased scrutiny. The Equal Employment Opportunity Commission (EEOC) published guidance on how employers’ use...more

Lilly USA Sued by EEOC for Nationwide Age Discrimination

U.S. Equal Employment Opportunity Commission... on 9/27/2022

Company Intentionally Failed to Hire Older Pharmaceutical Sales Representatives, Federal Agency Charges - INDIANAPOLIS – Lilly USA, LLC, a pharmaceutical corporation based in Indianapolis, Indiana, violated federal law by...more

New York City Council Passes Law Regulating Use of Artificial Intelligence in Employment Decisions

Harris Beach Murtha PLLC on 9/9/2022

The New York City Council has recently enacted an ordinance banning artificial intelligence (“AI”) in employment decisions unless the technology has been subject to an independent bias audit within a year of use. Many...more

California’s Pay Transparency Act (SB 1162) – Are You Prepared?

Farella Braun + Martel LLP on 9/6/2022

This week the California legislature passed a pay transparency act that – pending Governor Newsom’s signature – will require significant changes in how employers draft job postings and how they report pay data to the State....more

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