This Annual Report on EEOC Developments—Fiscal Year 2022, our twelfth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission developments over the past fiscal year.
After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools.
California continues to take steps to regulate the burgeoning use of artificial intelligence, machine learning, and other data-driven statistical processes in making consequential decisions, including those related to employment.
Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged.
Employers using algorithmic decision-making tools in their recruiting, hiring, and review of applicants and employees should take careful note of the EEOC’s position as to where these tools may run afoul of the ADA.
New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023.
On October 17, 2022, President Biden signed into law the AI Training Act. The purported purpose of the Act is to ensure the federal government’s workforce has knowledge of how artificial intelligence (AI) works, AI’s benefits, and AI’s risks.
NLRB General Counsel announced she will urge the Board to adopt a new framework that seeks to hold employers accountable for use of “omnipresent surveillance and other algorithmic-management tools” if they tend to impair the exercise of §7 rights.
On September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional rules relating to Local Law 144 of 2021, which will regulate the use of automated employment decision tools starting January 1, 2023.