News & Analysis as of

Race Discrimination Hiring & Firing Bias

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

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A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Fisher Phillips

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

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Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...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

Epstein Becker & Green

Fifth Circuit Applies Its New Broader Title VII Standard in Bias Case

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On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian...more

Troutman Pepper Locke

Water Cooler Talk: Bias Lessons From 'Partner Track'

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According to a 2020 “Report on Diversity in U.S. Law Firms” from the National Association for Law Placement, only 10% of all law firm partners are people of color. Of all associates, 12% are Asian Americans, 5% are Black, and...more

FordHarrison

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

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American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

Mitratech Holdings, Inc

Hiring: Throw a Wider Net for Bottom Line and Commonwealth

We are just beginning to move into what we hope will be a “post-COVID” world.  At the same time, responding to race-related tragedies, companies are struggling with how to address the structural inequities infecting our...more

Cozen O'Connor

Federal Contractors Should Be on the Lookout for Change in 2021, But Plan for Now

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Commentators are speculating on how quickly the Biden Administration may reverse course on three (3) of 2020’s significant developments at the Office for Federal Contract Compliance Programs (“OFCCP”)...more

Polsinelli

OFCCP Announces Three Multimillion Dollar Bias Settlements

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The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors.  The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and...more

Polsinelli

Cintas Agrees to Pay $650K to Settle OFCCP Compensation and Hiring Bias Claims

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On August 27, 2019, the Department of Labor announced that government contractor Cintas Corp. has agreed to pay nearly $650,000 to settle claims of sex and race discrimination in its Philadelphia, PA facility and end...more

Zelle  LLP

Employment Law Navigator – Week in Review: July 2016 #3

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The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

Foley & Lardner LLP

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

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Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

Foley & Lardner LLP

“Cat’s Paw” – Or Perhaps “Tiger’s Paw” Theory Now

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For those interested in the origin, the term “cat’s paw” derives from a fable of a monkey who employs flattery to convince a cat to pull chestnuts out of a fire. Today the term commonly refers to a person used unwittingly or...more

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