On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the employment cycle comply with federal anti-discrimination laws.  The EEOC also issued a press release on that same day outlining the agency’s plans

Employers have increasingly embraced artificial intelligence (“AI”) in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management, and discipline.  The use of AI, however, comes with attendant risks.

Indeed, while one might assume that AI is an ideal tool to serve as a neutral

From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape.  Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first

A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud and Abuse Act (“CFAA”) (decision available here).

Brief Background

The decision resulted from a lawsuit filed by the American

As previously discussed here, the use of artificial intelligence in the workplace has drawn scrutiny from regulatory bodies and activist groups who have expressed concern that such technology may not neutrally screen applicants without regard to protected characteristics.

To address these concerns, the New York City Council introduced a bill (Int. 1894-2020)

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments employers should be on the lookout for in the new year.

Sexual Harassment and Discrimination Laws

On