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AI-Assisted Hiring Is Here; So Are the Litigation Risks

By Shirin Afsous, Mikaela Shaw Masoudpour & Charles O. Thompson on September 14, 2026
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Artificial intelligence is rapidly reshaping hiring. Employers increasingly use AI-enabled recruiting tools to screen resumes, rank applicants, administer assessments, and support hiring decisions. These tools may improve efficiency and consistency while also creating new litigation risk under existing employment discrimination laws and newly developing regulations.

Implementing AI tools in the hiring process warrants careful assessment of evolving AI-specific state and local regulations, including notice requirements, potential opt-out rights, and requirements for bias audits. Because some of these laws do not expressly create a private right of action, enforcement is often left principally to government agencies.

Beyond these emerging AI requirements, employers may wish to prepare for litigation challenging AI-assisted hiring decisions. Plaintiffs’ attorneys are increasingly alleging these tools illegally discriminate under traditional discrimination theories, and courts are confronting novel questions about discovery, algorithmic transparency, and employer responsibility for vendor technology.

The technology may be new; the legal principles are not. This GT Alert explores those legal principles, impact on discovery, and the role governance plays for risk mitigation.

Continue reading the full GT Alert.

Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and…

Shirin Afsous is a member of the Litigation Practice in Greenberg Traurig’s Northern Virginia office. She has significant experience interacting with clients and developing case strategy. She is a litigation attorney focusing her practice on complex commercial litigation, including financial services litigation and commercial contract disputes across the country in state and federal courts. She also appears regularly in administrative proceedings, including assisting clients involved in governmental investigations. Shirin has handled trials as first chair attorney, and has wide-ranging experience drafting, researching, preparing witnesses for trial, conducting depositions, and arguing dispositive motions.

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Photo of Mikaela Shaw Masoudpour Mikaela Shaw Masoudpour

Mikaela Shaw Masoudpour is a trusted advisor to companies from startups to Fortune 100 in a wide range of employment matters, from strategic employment counseling and internal investigations to proactive audits and compensation analyses to litigation. She provides pragmatic, timely advice to employers…

Mikaela Shaw Masoudpour is a trusted advisor to companies from startups to Fortune 100 in a wide range of employment matters, from strategic employment counseling and internal investigations to proactive audits and compensation analyses to litigation. She provides pragmatic, timely advice to employers for their pressing workplace issues, including hiring, leave and disability, remote work, performance management, pay equity, restrictive covenants, wage and hour, workplace policies, and labor relations.

When litigation does occur, Mikaela regularly represents clients in courts and before administrative agencies in individual and class claims under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, federal labor laws, and other employment statutes. She leverages her deep courtroom experience to assist employers with litigation prevention and crisis management.

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Photo of Charles O. Thompson Charles O. Thompson

Charles Thompson serves as the Co-Chair of the firm’s Labor & Employment Wage & Hour Class and Collective Action Litigation group. He focuses his practice on employment litigation and counseling representing clients through all phases of Class Actions and Single Plaintiff cases. Charles

…

Charles Thompson serves as the Co-Chair of the firm’s Labor & Employment Wage & Hour Class and Collective Action Litigation group. He focuses his practice on employment litigation and counseling representing clients through all phases of Class Actions and Single Plaintiff cases. Charles has wide-ranging experience litigating employment-related issues for public and private companies, having handled over 1,000 employment matters for clients ranging from Fortune 500 companies to Silicon Valley startups. He has tried employment, commercial, and professional liability cases to verdict and directed verdict, has litigated and appealed cases from California State Courts to the United States Supreme Court, and is a Fellow of the prestigious College of Labor and Employment Lawyers.

Charles represents employers in wage and hour cases, as well as EEOC class actions, in state and federal courts across the United States and has broad experience appearing before the California Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, the Employment Development Department, and the United States Equal Employment Opportunity Commission and the Department of Labor.

In addition to his trial and counseling work, Charles serves as a private and judicial mediator and arbitrator, and has acted as a pro-tem judge upon request of the court. He has broad experience in binding arbitrations and trial. He has taught trial advocacy, diversity, employment and substance abuse to clients and industry organizations.

Throughout his career, Charles has been a champion for diversity and has served on the Executive Committee of the board of Directors for the Justice & Diversity Center of The Bar Association of San Francisco. He actively supports and promotes diversity efforts and collaborates with clients on diversity issues.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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