News & Analysis as of

Hiring & Firing › New Guidance › Equal Employment Opportunity Commission (EEOC)

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 -
Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more

Genova Burns LLC

“Unlawful DEI” Explained (Or Not) By New EEOC Guidance

Genova Burns LLC on

On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more

Holland & Knight LLP

How to Run a Legally Compliant DEI Program

Holland & Knight LLP on

The Trump Administration's focus on ending "illegal DEI discrimination" was recently operationalized by the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) in guidance released on...more

Venable LLP

Defining ‘DEI-Related Discrimination’: Recent Moves by the EEOC Shed Further Light on the Trump Administration’s DEI Focus

Venable LLP on

The Equal Employment Opportunity Commission (EEOC) was busy last week in the diversity, equity, and inclusion (DEI) space, offering further insight into practices and programs likely to be scrutinized following President...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

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In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Updates Discrimination Law: New Rules for AI Fairness

Sheppard Mullin Richter & Hampton LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Division on Civil Rights Issues New Guidance on ‘Algorithmic Discrimination’

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 9, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (DCR) issued a thirteen-page “Guidance on Algorithmic Discrimination and the New Jersey Law Against...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

Kaufman & Canoles on

Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

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An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

McNees Wallace & Nurick LLC

Navigating the Future: Understanding the EEOC’s Latest Guidance on AI in Employment

McNees Wallace & Nurick LLC on

In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced...more

Seyfarth Shaw LLP

EEOC Adopts 2022-2026 Strategic Plan With an Emphasis on Large-Scale Litigation, Improving Internal EEOC Processes

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 22, 2023, the Equal Employment Opportunity Commission officially adopted its new Strategic Plan for Fiscal Years 2022-2026. The Strategic Plan outlines the Commission’s major goals and objectives...more

Fisher Phillips

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Fisher Phillips on

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal...more

CDF Labor Law LLP

EEOC’s Updated Guidance on Visual Disabilities Provides Both New Information and Reminders for Employers

CDF Labor Law LLP on

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities....more

Williams Mullen

EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen on

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics....more

FordHarrison

EEOC's Guidance on Artificial Intelligence: Hiring and Employment-related Actions Taken using Artificial Intelligence may be...

FordHarrison on

Executive Summary: The Equal Employment Opportunity Commission (EEOC) recently published a technical assistance document providing guidance on when the use of artificial intelligence or algorithms in employee selection...more

Saiber LLC

EEOC Issues New Guidance on the use of Software, Algorithms, and Artificial Intelligence on Employment Selection Procedures

Saiber LLC on

The new technical assistance document is focused on preventing discrimination against job applicants and employees with respect to employment decisions made with the assistance of automated systems - By now, most people...more

Bricker Graydon LLP

The EEOC Issues New Guidance on Use of Artificial Intelligence in Hiring

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On May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) issued guidance for use of artificial intelligence (“AI”) in employment selection to comply with Title VII (“Title VII”), the federal law that protects...more

Venable LLP

Is Your Robot a Racist? EEOC Intensifies Scrutiny over Employers' AI

Venable LLP on

Whose idea was it to hire all these new folks anyway? Regardless, your HR Department is on the phone pleading for assistance—they are overrun with thousands of applications and résumés. Searching for a way to help, you come...more

Miller Canfield

The Adverse Impacts of AI in Employment Procedures Under Title VII

Miller Canfield on

Technological advances have provided employers with a variety of algorithmic decision-making tools that may assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer,...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

Butler Snow LLP on

The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Harris Beach Murtha PLLC

EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

Harris Beach Murtha PLLC on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Issues New Guidance on Employer Use of AI and Disparate Impact Potential

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued the latest federal guidance on employer use of artificial intelligence (AI) and automated decision-making tools. The new guidance reinforces the...more

Foster Garvey PC

EEOC Releases New Guidance for AI Algorithms in Employment Decisions

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On May 18, 2023, the EEOC released guidance on the use of Artificial Intelligence (“AI") tools in employment decisions. Though primarily focused on the selection and hiring of candidates, the same general guidance on AI tools...more

Dorsey & Whitney LLP

EEOC, Other Federal Agencies Set the Pace for Employers Using AI in the Workplace

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It is safe to say that the use of artificial intelligence (AI) went mainstream in 2023. With the widening acceptance of AI, dozens of industries have raced to adopt the technology into various operations at a staggering pace...more

Perkins Coie

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

Perkins Coie on

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

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