Jackson Lewis attorneys are spotlighted for their recent elevations in “Law360 Names Attys Who Moved Up the Firm Ranks In Q1,” published by Law360.
Archives for August 10, 2023
Thomas Berry Discusses SCOTUS’ Affirmative Action Ruling
Thomas Berry discusses the U.S. Supreme Court’s recent decision on affirmative action and how it may impact employers in “Recent SCOTUS rulings to impact the workplace, but how?” published by Illinois Business Journal.
Patricia Pryor Discusses Case That Will Challenge SCOTUS’ Recent Religious Accommodations Ruling
Patricia Pryor discusses a case in which a Christian music teacher’s refusal to use preferred names and pronouns will offer an early test of the US Supreme Court’s new standard for religious accommodations in the workplace in “Religious Objections Over Pronouns Test High Court’s New Stance,” published by Bloomberg Law.
Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants
Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its artificial intelligence (“AI”) software automatically rejected female tutor applicants over 55 and male tutor applicants over 60.
According to the complaint, the age exclusion was discovered when a rejected applicant submitted a new identical application with a more recent birth date. The EEOC claimed over two hundred applicants were adversely affected.
Although this is not a California complaint/settlement, this is the first AI case settlement we are aware of. The case and settlement illustrate that the EEOC is willing to aggressively prosecute cases in the AI area as part of its Artificial Intelligence and Algorithmic Fairness Initiative. This settlement should not be ignored by the employer community and it further emphasizes the need for California employers who use artificial intelligence for recruiting/screening to:
The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?
The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity, and inclusion (DEI) efforts. While the decisions will directly affect admissions policies at higher education institutions across the country,
MSHA Jurisdiction May Extend Beyond Mine Property—But How Far?
On August 1, 2023, the U.S. Court of Appeals for the District of Columbia Circuit vacated a Federal Mine Safety and Health Review Commission (FMSHRC) decision holding that the Mine Safety and Health Administration (MSHA) lacked jurisdiction to issue citations at a trucking company’s facility located more than one mile
BEWARE: New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1, 2023
On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect,
Littler Lightbulb – July Employment Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
At the Supreme Court
New York State Bill Proposed to Restrict Electronic Monitoring, Automated Employment Decision Tools
Under a recently introduced bill, employers across New York State could face new restrictions on the electronic surveillance of workers and the growing use of automated decision-making and artificial intelligence (AI) technology to make employment decisions. Senate Bill (S) 07623 seeks to address privacy concerns with electronic surveillance, or so-called
Work Advice: Co-workers won’t hash out issues in private
Members of another team raise complaints on companywide Slack channels, and it’s stressful for the target of their ire
HBR’s advice columnist on how to protect yourself and your career from a cutthroat colleague.
It’s harder than ever to define acceptable business casual attire for women at work.
Getting Along: My Coworker Is Sabotaging Me — and My Boss Won’t Help
HBR’s advice columnist on how to protect yourself and your career from a cutthroat colleague.
Virtual reality has negative side effects – new research shows that can be a problem in the workplace
Some employers are excited about swapping out computer monitors for virtual reality headsets, but the side effects of using VR are not completely understood. In a recent study, my colleagues and I propose 90 factors that could influence VR side effects in the workplace.
Kellogg’s ‘woke’ workplace diversity programs are illegal, group claims
A conservative legal group on Wednesday urged a U.S. anti-discrimination agency to investigate Kellogg Co (K.N) over workplace diversity policies that it says are unlawful, and accused the cereal maker of sexualizing its products.
Elon Musk’s X is hiring again, CEO says. It had slashed more than half its workforce.
CEO Linda Yaccarino said the cuts were a “necessary cost-discipline exercise,” but said the platform formerly known as Twitter is now in growth mode.