Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New Jersey and one in New York) that follow New York City’s Local Law 144 (“Local Law 144”), a
Artificial Intelligence
Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday
By Evandro Gigante, Hannah Morris & Joseph O’Keefe on
In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening tools discriminate against job applicants based on race, age, and disability, the Court granted Workday’s motion to dismiss on January 19,…
New York State Introduces Bill to Impose Restrictions on the Use of AI Tools in Employment Decisions
By Joseph O’Keefe & Alisha Bruce on
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…
EEOC Inks First-Ever AI-Based Antidiscrimination Settlement
By Joseph O’Keefe & Dixie Morrison on
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”)…
NYC’s Groundbreaking Automated Employment Decision Tools Law Takes Effect July 5
By Joseph O’Keefe & Margo Richard on
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
…
EEOC Releases Technical Document on AI and Title VII
By Joseph O’Keefe & Shanice Z. Smith-Banks on
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…