Artificial Intelligence

Recently, California’s Civil Rights Department (CRD) finalized AI regulations to prevent any negative impact associated with automated decision making in the workplace. Specifically, this includes hiring, firing, and recruitment decisions. In addition to any state laws created to prevent hiring discrimination, employers must comply with similar regulations established by the U.S. Department of Labor (DOL).

On September 24, the U.S. Department of Labor (DOL) announced the publication of new AI hiring and recruitment requirements. Specifically called “AI & Inclusive Hiring Framework,” this new tool was designed to support the inclusive use of artificial intelligence (AI) in employers’ hiring technology. Additionally, the DOL believes the new resource will increase benefits for disabled job seekers. It is important to note that employers must not discriminate against federally protected classes, which include race, sex, age, disability, and pregnancy status. This includes whether or not the employer utilizes AI hiring and recruitment. Comparatively, the EEOC has ramped up its enforcement efforts in recent years. Previously, in April 2024, the DOL joined other federal departments and agencies by releasing AI guidance. Chiefly, the DOL’s release called for “fairness, equality, justice[,] and compliance as automated systems [like AI] become more commonly used.”

On April 4, the Department of Labor (DOL) joined other federal departments and agencies by releasing artificial intelligence (AI) guidance. Specifically, the DOL’s release calls for “fairness, equality, justice[,] and compliance as automated systems [like AI] become more commonly used.” Generally, the DOL also emphasizes that existing laws apply to using automated systems as they currently do t...

On September 11th, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the agency reached a final settlement and consent decree in a recent discriminatory hiring lawsuit involving artificial intelligence (AI) hiring technologies. The company, a tutoring service offering English-language tutoring to Chinese students, will pay $365,000 and furnish other relief to rejected...

This month, the U.S. Congress posted the full text of a recent bill to regulate artificial intelligence (AI) and automated decision systems in employment. The bill, currently dubbed the “No Robot Bosses Act,” proposes federal restrictions regarding an employer’s use of automated decision-making tools, including those that don’t necessarily use machine learning or AI. As AI and automated decisio...

In what may be the first discrimination suit involving artificial intelligence (AI), the Equal Employment Opportunity Commission (EEOC) recently filed a notice of settlement and request for a consent decree in an AI discrimination case. The agency’s lawsuit alleged that a New York-based English language tutoring service programmed its AI hiring tools to automatically filter out qualified applic...

In the latest development in the “artificial intelligence (AI) in employment” realm, the Equal Employment Opportunity Commission (EEOC) released guidance on using AI in hiring decisions. The agency’s guidance, again, focuses on preventing discrimination against job seekers and employees. It explains further how established aspects of Title VII of the Civil Rights Act (Title VII) apply to incorp...

As the capabilities of artificial intelligence (AI) continue to expand, the U.S. Equal Employment Opportunity Commission (EEOC) released a joint statement with other agencies on AI and automated systems. Joining the EEOC on the statement are the Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC). The joint statement discussed how...

The New York City Department of Consumer and Worker Protection (DCWP) recently adopted final rules on New York City’s (NYC’s) new law (Local Law 144) regulating Automated Employment Decision Tools (AEDTs). Specifically, NYC employers and employment agencies that use artificial intelligence (AI) decision-making tools, such as AEDTs, in hiring or promotion should understand the new law and final ...

On January 31st, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) held a public hearing to examine the use of artificial intelligence in employment decisions. Topics addressed included using artificial intelligence in recruitment and hiring, as well as in monitoring and firing workers. As employers increasingly use artificial intelligence in the workplace, the EEOC seeks to educate...