In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing tool discriminated against a deaf and Indigenous employee at Intuit seeking a promotion.
According to the complaint, when the employee applied for
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are actually used in practice. Many AI developers emphasize their rigorous efforts to eliminate bias, reassuring employers that their tools
On January 23, 2025, President Trump issued an Executive Order entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to maintain US leadership in AI innovation. To that end, the Order “revokes certain existing AI policies and directives that act as barriers to American AI innovation,” but does not
In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black box” systems—AI tools whose internal decision-making processes are not transparent. The internal workings of such systems may not
In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, explore the critical issue of AI training data
In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related decisions and processes for recruiting, hiring, promotions, and employee evaluation. As the nation prepares for a second Trump Administration, and employers increasingly interested in
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office. In part one of our insightful
The United States Department of Labor (“DOL”) recently published “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” which is intended to inform employers’ use of artificial intelligence (AI) when it comes to employment decisions. The guidance—which does not have the force of law—enumerates eight guiding principles for the “responsible use”
On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”). As discussed below, the Framework sets forth ten “Focus Areas” for employers to consider when using AI recruiting and hiring tools to minimize the risk of algorithmic discrimination.
The Framework was developed
On August 9, 2024, Illinois Governor JB Pritzker signed into law HB3773, a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). The amendment clarifies that it is a civil rights violation to use AI that has the effect of discriminating on the basis of protected classes under