News & Analysis as of August 2, 2025

Employment Discrimination

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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 -

[Podcast] AI Bias Audits

Proskauer - Law and the Workplace on 7/31/2025

In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor &...more

California Approves Rules Regulating AI in Employment Decision-making

Sheppard Mullin Richter & Hampton LLP on 7/31/2025

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

Updated California FEHA Rules on AI and Equal Employment Practices

DCI Consulting on 7/30/2025

BLOG OVERVIEW: California's amendments to its FEHA are set to go into effect October 1, 2025. Employers will need to be aware of a number of changes that will impact them, including broader regulations on EEO compliance...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

With Federal Restrictions Removed, a Wave of State Laws Highlights Risks of Using AI in Employment Decisions

Stinson LLP on 7/21/2025

In one of his first executive actions after retaking the White House, President Donald Trump repealed a 2023 Biden-era executive order that imposed requirements on the use of artificial intelligence (AI). It marked the first...more

California Law Regulating AI in Employment to Go in Effect in October

DCI Consulting on 7/14/2025

After multiple attempts by the California legislature to pass laws regulating the use of artificial intelligence (AI) and automated-decision systems in employment, the State of California’s Office of Administrative Law has...more

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

DLA Piper on 7/10/2025

On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

California’s AI Employment Discrimination Regs Receive Final Approval

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/7/2025

The California Civil Rights Council has finally secured approval for its long-awaited regulations regarding employers’ use of artificial intelligence (AI), algorithms, and other automated decision systems. The agency says the...more

California to Regulate Use of AI in Employment Starting October 1, 2025

Fox Rothschild LLP on 7/1/2025

Employers are increasingly using Automated Decision Systems (“ADS”) – tools powered by Artificial Intelligence (“AI”) and algorithms – to streamline recruitment and manage the employee lifecycle. Uses so far include resume...more

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

Sheppard Mullin Richter & Hampton LLP on 6/17/2025

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

The Ever-Changing Legal Landscape of State and Federal Regulations for Using AI in Candidate Recruiting and Screening

Steptoe & Johnson PLLC on 6/3/2025

According to a University of Southern California study, 55% of businesses are investing in automated recruiting measures that use artificial intelligence (AI). Using AI tools in employee recruiting and screening offers a...more

2025 Year-To-Date Review of AI and Employment Law in California

K&L Gates LLP on 6/3/2025

California started 2025 with significant activity around artificial intelligence (AI) in the workplace. Legislators and state agencies introduced new bills and regulations to regulate AI-driven hiring and management tools,...more

California Employers: Artificial Intelligence in Hiring Brings New Compliance Risks

Goldberg Segalla on 6/2/2025

Federal and California agencies have increased their focus on how AI and automated decision-making tools are being used in hiring, promotions, and employment screening processes. Employers using such technologies may be...more

AI in the Workplace Series - Part 3: Artificial Intelligence in Employment: How States Surrounding Pennsylvania are Approaching...

Tucker Arensberg, P.C. on 5/30/2025

This article is the third installment in our AI in the Workplace series. In Part 2: From Harrisburg to the White House, Allyson Lonas explored the growing legal uncertainty surrounding artificial intelligence (“AI”) adoption...more

State and Local Updates Affect What Employers May (and May Not) Require from Job Applicants in Washington State

Littler on 5/23/2025

It’s the season for legislative updates – and Washington State lawmakers are no exception. Job postings have recently been an area of focus in state and local laws. Two recent updates in Washington State impose new...more

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

CDF Labor Law LLP on 4/4/2025

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

10 Things Employers Should Know About Korean Labor Law

Littler on 3/26/2025

Korea is an important economy in Asia with significant business opportunities. Multinational companies engage workers in Korea in all industries – from manufacturing to technology to finance. It is important to realize,...more

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

Lippes Mathias LLP on 2/27/2025

On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more

Employer Readiness for ICE Audits and Enforcement Actions

Carlton Fields on 2/24/2025

Since late January, workplace immigration audits and enforcement actions have been conducted across several industries, including hospitality, agriculture, construction, health care, and manufacturing. Employers should...more

Federal Agencies Issue “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems”

Epstein Becker & Green on 4/26/2023

On Tuesday, April 25, 2023, the Equal Employment Opportunity Commission (“EEOC”), Consumer Financial Protection Bureau (“CFPB”), Justice Department’s Civil Rights Division (“DOJ”), and the Federal Trade Commission (“FTC”)...more

OFCCP Announces a New Certification Cycle

Littler on 3/24/2023

In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) implemented a new requirement that all covered federal contractors and subcontractors annually certify that they have current affirmative action...more

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Littler on 3/21/2022

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v....more

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

Littler on 9/8/2021

Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts....more

New Restriction on Background Checks in California

Proskauer - California Employment Law on 7/28/2021

The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more

New Enforcement Guidance Issued for New York City Fair Chance Act as Key Amendments Take Effect

Littler on 7/20/2021

On July 15, 2021, the New York City Commission on Human Rights (the “NYCCHR” or “Commission”) issued its highly anticipated updated Legal Enforcement Guidance on the Fair Chance Act and Employment Discrimination. ...more

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