News & Analysis as of August 1, 2025

Job Applicants

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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 -

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

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

Mintz on 7/30/2025

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

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

Bradley Arant Boult Cummings LLP on 6/26/2025

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

Illinois Civil Rights Protection Goes High-Tech: Illinois Human Rights Act Expanded to Include AI Regulation

Bradley Arant Boult Cummings LLP on 8/15/2024

Illinois Gov. J.B. Pritzker signed legislation last week that will require Illinois employers to inform workers and job seekers about their use of artificial intelligence (AI) technology in making employment decisions. The...more

EEOC, DOJ Release Expectations on Employers’ Use of Technology, AI for Employment Decisions

Jackson Lewis P.C. on 5/19/2022

For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more

EEOC Announces New Initiative On Artificial Intelligence & Algorithmic Fairness

Jackson Lewis P.C. on 11/10/2021

Continuing its efforts towards becoming a 21st century data analytics agency, during the last week of October, 2021, U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows announced a new EEOC...more

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

Epstein Becker & Green on 1/9/2020

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

Proskauer - New Media & Technology on 2/24/2017

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

“It’s a Match!”

Zelle LLP on 5/27/2016

Can techniques for finding a good date be used to find a good job or a good candidate? Some creators of recruiting technology think so. The recruiting app Switch uses a Tinder-like tool to match hiring managers and...more

Top 10 Technology Blunders for Employers

Constangy, Brooks, Smith & Prophete, LLP on 10/20/2014

As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty...more

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