Law and the Workplace

Category Archives: Artificial Intelligence

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New York State Introduces Bill to Impose Restrictions on the Use of AI Tools in Employment Decisions

By Joseph O’Keefe and Alisha Bruce on Posted in Artificial Intelligence
A bill introduced in the New York State Senate on August 4, 2023, would impose statewide requirements regulating tools that incorporate artificial intelligence to assist in employee monitoring and the employment decision-making process. (See Bill S07623 (“S07623”)).  The proposed requirements are much broader than those imposed by the New York City Automated Employment Decisions Tools … Continue Reading

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

By Joseph O’Keefe and Dixie Morrison on Posted in Artificial Intelligence
On August 9, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This settlement marks the first instance in which the EEOC settled a lawsuit alleging unlawful discrimination stemming from the use of Artificial Intelligence (“AI”) … Continue Reading

NYC’s Groundbreaking Automated Employment Decision Tools Law Takes Effect July 5

By Joseph O’Keefe and Margo Richard on Posted in Artificial Intelligence
As previously reported, the New York City Automated Employment Decision Tools (“AEDT”) Law takes effect on July 5, 2023. The Law will impose certain requirements upon employers or employment agencies who use an AEDT to assist in hiring or promotion decisions. Under the Law: an AEDT must be subjected to a bias audit by an … Continue Reading

EEOC Releases Technical Document on AI and Title VII

By Joseph O’Keefe and Shanice Z. Smith-Banks on Posted in Artificial Intelligence, Title VII
On Thursday May 18, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a new technical assistance document titled Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964. The document was released as a part of the EEOC’s Artificial Intelligence and … Continue Reading

EEOC, FTC, and Other Federal Agencies Release Joint Statement on Confronting Bias and Discrimination in AI and Automated Systems

By Joseph O’Keefe and Hannah Morris on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation
On April 25, 2023, officials from four federal agencies released a joint statement pledging to increase “enforcement efforts to protect the public from bias in automated systems and artificial intelligence” (“AI”). The agencies taking part in this effort include the Equal Employment Opportunity Commission (“EEOC”), the Federal Trade Commission (“FTC”), the U.S. Department of Justice … Continue Reading

NTIA Seeks Public Comments on Potential Regulation of AI Systems

By Joseph O’Keefe and Edward Young on Posted in Artificial Intelligence
In response to the sudden proliferation of AI programs, like ChatGPT, on April 11, 2023, the National Telecommunications and Information Administration (NTIA) – an Executive branch agency responsible for advising the President on telecommunications and information policy issues – announced that it is seeking public comment on “what policies can support the development of AI … Continue Reading

NYC Set to Enforce Law to Regulate Use of Automated Hiring Tools Starting July 5

By Joseph O’Keefe and William Grey on Posted in Artificial Intelligence
New York City will begin enforcing the New York City Automated Employment Decision Tools (“AEDT”) Law, on July 5, 2023, delaying the previously announced enforcement date of April 15. On April 6, 2023, after two sets of proposed Rules and a lengthy notice and comment process, that included public hearings in November 2022 and January … Continue Reading

Reminder – NYC Employers: “Automated Employment Decision Tools Law” Will Be Enforced Starting April 15

By Joseph O’Keefe and Alisha Bruce on Posted in Artificial Intelligence, Workplace Policies and Procedures
On Friday, September 23rd, the New York City Department of Consumer and Worker Protection (“DCWP”) issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules related to Local Law 144 (“the Law”), which regulates the use of “automated employment decision tools” by employers. The law was originally set to go into effect … Continue Reading

Applicant Files Class Action Suit Over Alleged AI Tool Discrimination in Hiring

By Joseph O’Keefe, Edward Young and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As we have previously reported (here, here and here), there are novel risks associated with employer use of AI tools in the workplace. While such tools have caught the attention of the EEOC and state and local legislatures, we have yet to see a proliferation of litigation in this area. However, that may soon be … Continue Reading

New Jersey and New York Introduce Bills to Regulate Sale and Use of “Automated Employment Decision Tools”

By Joseph O’Keefe and Hannah Morris on Posted in Artificial Intelligence, Workplace Policies and Procedures
As previously reported, employers’ use of artificial intelligence to assist in employment decision-making is being subjected to ever-increasing regulatory scrutiny at all levels of government―local, state, and federal. In the New Jersey General Assembly, A4909 (“A4909”) was introduced on December 5, 2022, proposing a host of legal requirements that would apply to automated employment decision … Continue Reading

AI-Based Discrimination Top of the EEOC’s Draft Enforcement Plan

By Joseph O’Keefe and Caroline Libby on Posted in Artificial Intelligence, Workplace Policies and Procedures
The Equal Employment Opportunity Commission (“EEOC”) has started 2023 with an announcement that it intends to increase enforcement efforts aimed at discrimination resulting from the use of Artificial Intelligence assisted employment related decision tools. On January 10, 2023, the EEOC published its Draft Strategic Enforcement Plan (“SEP”) in the Federal Register for the fiscal years … Continue Reading

2022 Labor & Employment Year in Review … and Looking Ahead to 2023

By Evandro Gigante, Laura M. Fant, Arielle E. Kobetz, Olympia Karageorgiou and David Gobel on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
There is no doubt that 2022 was an eventful year in employment law. In this post, we review some key developments from the prior year that employers should be aware of and hot topics to watch out for as we move forward into 2023. Salary and Pay Transparency The trend of enacting salary and pay … Continue Reading

Updated: New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

By Joseph O’Keefe and Shanice Z. Smith-Banks on Posted in Artificial Intelligence, Workplace Policies and Procedures
***UPDATE: The Department of Consumer and Worker Protection announced Local Law 144 will not be enforced until April 15, 2023.*** This week the DCWP announced that it continues to work on rules for Local Law 144; therefore there will be no enforcement of the Law until April 15, 2023. The Law was previously set to … Continue Reading

EEOC and the DOJ Issue Guidance for Employers Using AI Tools to Assess Job Applicants and Employees

By Joseph O’Keefe, Edward Young and Dixie Morrison on Posted in Artificial Intelligence, Hiring/Background Checks
artificial intelligenceEmployers are more frequently relying on the use of Artificial Intelligence (“AI”) tools to automate employment decision-making, such as software that can review resumes and “chatbots” that interview and screen job applicants. We have previously blogged about the legal risks attendant to the use of such technologies, including here and here. On May 12, 2022, … Continue Reading

New York City Enacts Law to Regulate Use of Automated Hiring Tools

By Joseph O’Keefe, Arielle E. Kobetz and Theresa Madonna on Posted in Artificial Intelligence, Workplace Policies and Procedures
Over the past decade many employers have adopted Artificial Intelligence driven tools to automate various aspects of the workplace, including the recruiting and hiring process.  These tools have come under scrutiny by federal, state and local governments based on research that has suggested the possibility of bias or discrimination arising from the widespread use of … Continue Reading

EEOC Prepares to Tackle Artificial Intelligence and Algorithmic Bias

By Joseph O’Keefe, Edward Young and Tony S. Martinez on Posted in Artificial Intelligence, Workplace Policies and Procedures
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 … Continue Reading

Guidance: The Intersection of Artificial Intelligence and Employment Law

By Joseph O’Keefe, Edward Young and Tony S. Martinez on Posted in Artificial Intelligence, Workplace Policies and Procedures
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 … Continue Reading

Maryland Employers: Get Ready For A Host Of New Employment Laws

By Caroline Guensberg and Guy Brenner on Posted in Artificial Intelligence, Workplace Policies and Procedures
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues.  Several of these bills, including ones that prohibit use of facial recognition technology, wage history inquiries and hairstyle discrimination, and revise the state’s mini-WARN act, recently became law when the deadline … Continue Reading

Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules

By Danielle J. Moss, Joseph O’Keefe and Tony S. Martinez on Posted in Artificial Intelligence, Workplace Policies and Procedures
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 Civil … Continue Reading

Mandatory “Bias Audits” and Special Notices to Job Candidates: New York City Aims to Regulate the Use of Artificial Intelligence in the Workplace

By Danielle J. Moss, Joseph O’Keefe and Tony S. Martinez on Posted in Artificial Intelligence, Workplace Policies and Procedures
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) on February 27, … Continue Reading

The Employment Law Landscape in 2020

By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Artificial Intelligence, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
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 … Continue Reading
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