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Job Applicants Age Discrimination in Employment Act Employment Discrimination

Proskauer - Law and the Workplace

AI Bias Lawsuit Against Workday Reaches Next Stage as Court Grants Conditional Certification of ADEA Claim

A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in...more

Dickinson Wright

AI on Trial: Implications of the Workday Lawsuit for Automated Hiring

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Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers...more

Holland & Knight LLP

Federal Court Allows Collective Action Lawsuit Over Alleged AI Hiring Bias

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Derek Mobley, a man over 40 years old, sued Workday Inc. claiming that Workday's artificial intelligence (AI)-driven applicant screening tools have systematically disadvantaged him and other older job seekers. Mobley...more

Davis Wright Tremaine LLP

AI Screening Tools Under Scrutiny: Federal Court Preliminarily Certifies ADEA Collective Action

In an important decision for employers who use AI software in making hiring decisions, a California federal district court granted preliminary collective certification under the Age Discrimination in Employment Act (ADEA) to...more

Fisher Phillips

Discrimination Lawsuit Over Workday’s AI Hiring Tools Can Proceed as Class Action: 6 Things Employers Should Do After Latest Court...

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A federal judge just allowed a job applicant’s lawsuit against Workday to move forward as a nationwide class action, ruling that the company’s AI-powered hiring tools may have had a discriminatory impact on applicants over...more

Littler

Littler Lightbulb: December Employment Appellate Roundup

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This Littler Lightbulb highlights some recent labor and employment law developments at the U.S. Supreme Court and federal courts of appeal. At the Supreme Court...more

Proskauer - Law and the Workplace

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

McAfee & Taft

EEOC sues Meatheads

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Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more

Miles Mediation & Arbitration

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

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

Fox Rothschild LLP

The EEOC Obtains a Settlement in its Artificial Intelligence Class Action

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We previously reported here on the U.S. Equal Employment Opportunity Commission’s (EEOC) lawsuit alleging that a group of affiliated employers engaged in age discrimination through the use of artificial intelligence...more

Rumberger | Kirk

Using AI in Human Resources and the Risks of Employment Discrimination

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Artificial intelligence (AI) is taking the world by storm and revolutionizing how people work. While the possibilities for automation and increasing efficiency appear endless with the rapid progression of this technology,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues United Precision Products Company for Age Discrimination

Aerospace Component Supplier Discriminated Against Applicant Because of his Age, Federal Agency Charges - DETROIT - United Precision Products Co., Inc., a supplier of aerospace components based in Dearborn Heights,...more

Troutman Pepper Locke

U.S. Supreme Court Declined to Hear Appeal Challenging Whether External Job Applicants Can Claim “Disparate Impact” Under ADEA

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Q.  I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?...more

Amundsen Davis LLC

The Debate On Age Bias In A Hot Jobs Market

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The New York Times recently published an article discussing trends in the area of unlawful age discrimination occurring at a time when the U.S. has the lowest unemployment rate in half a century. New York Times writer...more

Amundsen Davis LLC

Seventh Circuit’s Rejection Of Applicant’s Age Claim Does Not Mean Employers Are Off The Hook

Amundsen Davis LLC on

On January 23, 2019, an en banc panel of the 7th Circuit Court of Appeals held that the Age Discrimination in Employment Act’s (ADEA) disparate impact protections do not apply to job applicants. By way of background,...more

Cozen O'Connor

Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims

Cozen O'Connor on

It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. ...more

Husch Blackwell LLP

Seventh Circuit Denies Right Of Outside Job Applicants To Claim Disparate Impact Discrimination Under ADEA

Husch Blackwell LLP on

On January 23, 2019, the 7th U.S. Circuit Court of Appeals, sitting en banc, carved out a narrow exclusion from the Age Discrimination in Employment Act (ADEA) holding that the ADEA does not protect outside job applicants...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2019 #4

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GOVERNMENT CONTRACTING - As reported in a Nextgov article, the Department of Homeland Security’s (DHS) Chief Procurement Officer Soraya Correa issued a special notice extending the due dates for all unamended acquisition...more

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

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Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

Amundsen Davis LLC

Revival Of Age Discrimination Lawsuit A Warning To Employers

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At age 58, Dale Kleber was an out of work experienced attorney searching for full-time employment. He applied for a position as a “Senior Counsel, Procedural Solutions” that required the ability to assume complex business...more

McGuireWoods LLP

7th Circuit Holds That Experience Limits May Violate ADEA

McGuireWoods LLP on

On April 26, 2018, in Kleber v. CareFusion Corporation, the 7th U.S. Circuit Court of Appeals held that job applicants can pursue age discrimination claims under a disparate impact theory and that a practice of excluding job...more

Troutman Pepper Locke

Job Ads Distributed to Younger Recruits May Be Discriminatory

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Q. My company wants to target on-line recruitment ads for certain jobs to specific age groups. Is that legal? A. In most circumstances, the answer is no. Unless an employee’s age is a bona fide occupational qualification...more

Constangy, Brooks, Smith & Prophete, LLP

For The ADEA’s 50th Birthday: An Age Discrimination Quiz

The Age Discrimination in Employment Act recently celebrated its 50th birthday (it doesn’t look a day over 49). This calls for an age discrimination quiz!...more

U.S. Equal Employment Opportunity Commission...

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

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