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Job Applicants Employment Litigation

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

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Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Husch Blackwell LLP

California Court Grants Preliminary Collective Certification to Job Applicants Claiming Age Discrimination by Artificial...

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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

Miller Nash LLP

Washington State Job Posting Requirements: Some Upcoming Changes in Enforcement

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The Washington Equal Pay and Opportunities Act (“the Act”) endeavors to prohibit pay discrimination and promote fairness among workers by addressing business practices that may contribute to income disparities between...more

Poyner Spruill LLP

U.S. Supreme Court Update: Recent Employment Law Decision

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On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services...more

Bradley Arant Boult Cummings LLP

Supreme Court Limits ADA Claims to Employees and Applicants, Not Retirees

In, Stanley v. City of Sanford, Florida, the U.S. Supreme Court clarified the scope of the Americans with Disabilities Act, holding that Title I’s employment discrimination provisions do not apply to individuals who are...more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Woods Rogers

Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Mike Gardner joins host Leah Stiegler for a deep dive into best practices for conducting interviews. They highlight the critical role of documentation in...more

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

Haynsworth Sinkler Boyd, P.A.

Supreme Court Affirms Uniform Legal Standard for All Discrimination Claims

The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more

Offit Kurman

Handling References and Referrals While Safeguarding Your Business

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In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more

Verrill

Compliance Check: Massachusetts Employers, Do Your Applications Contain Required Lie Detector Disclosures?

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Last year, the U.S. District Court for the District of Massachusetts issued a decision in Baker v. CVS Health Corporation with an important reminder to employers regarding their required disclosure in employment applications...more

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...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

Constangy, Brooks, Smith & Prophete, LLP

AI job interviews: What we have to "look forward" to

Don't quit your current job! Bloomberg Law had a good article yesterday by Jo Constantz about AI-conducted job interviews. (Paid subscription may be required to access.) According to the article, many companies are now...more

BCLP

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

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Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...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

Littler

Massachusetts Employers: Include Lie Detector Notice in Your Job Applications

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Massachusetts law, G.L. c. 149, § 19B, has long banned the use of lie detector tests in employment, and since 1986, also states that employers should provide affirmative notice on all job applications regarding the use of lie...more

Jackson Lewis P.C.

Washington State’s Amended Pay Transparency Law Includes Grace Period for Employers to Cure Job Postings

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Washington State has taken a significant step for employers under its pay transparency law by giving employers a five-business-day grace period to correct violations in job postings and limiting the damages plaintiffs can...more

Davis Wright Tremaine LLP

UPDATE: Washington Amends Wage Transparency Law, Offering Five-Day Window To Correct Job Postings

On Tuesday, May 20, Washington Gov. Robert Ferguson signed an important amendment to the Equal Pay Act that grants employers at least temporary reprieve from liability for a job posting that fails to comply with the act's...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

Morgan Lewis

Class Action Litigation Over Massachusetts Lie Detector Statute Surges: What Employers Need to Know

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Massachusetts employers are increasingly being targeted in a growing wave of class action litigation under the commonwealth’s longstanding law G.L. c. 149, § 19B. In relevant part, the law requires that all job applications...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

Morgan Lewis

Washington State Clarifies Its Pay Transparency Law

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The Equal Pay and Opportunity Act requires employers hiring in Washington state to publish in job postings a wage scale or salary range and a general description of benefits to be offered to hired applicants. The Washington...more

DCI Consulting

Democracy Forward Files Lawsuit Opposing EEOC’s Law Firm Data Request

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On April 15, 2025, Democracy Forward Foundation, a nonprofit known for litigating cases against the federal government, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC). Democracy Forward filed the...more

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