EEOC Releases New Resource for Incorporating AI & Automated Systems into Employment Decisions

On May 19, 2023   /   Artificial Intelligence, Bias Audit, EEOC, Employment Law   /   Leave a comment
EEOC Releases New Resource for Incorporating AI & Automated Systems into Employment Decisions

The U.S. Equal Employment Opportunity Commission (EEOC) has published a comprehensive technical assistance document to address the growing concern of discrimination against job seekers and workers in relation to the use of automated systems, including those incorporating artificial intelligence, by employers. The EEOC, as the primary federal agency responsible for enforcing Title VII, seeks to ensure that these technologies align with civil rights laws and promote fairness, justice, and equality. The new publication, Assessing Adverse Impact

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Two New California Initiatives Seek to Regulate AI in Employment Decisions

On May 17, 2023   /   Artificial Intelligence, Bias Audit, Employment Law   /   Leave a comment
Two New California Initiatives Seek to Regulate AI in Employment Decisions

The California State Assembly has introduced a new bill to regulate artificial intelligence systems. The proposal, A.B. 331, requires developers of AI systems to mitigate inherent bias within automated decision-making tools (ADTs). The bill seeks to regulate ADTs, which are used to make decisions on any type of eligibility for a benefit or penalty. While these systems have been traditionally used for credit decisions, their usage has expanded to employment screening, insurance eligibility, and health

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Senate Introduces Bill Setting Age-Restrictions on Social Media Use

On May 8, 2023   /   Technology Regulation, Uncategorized   /   Leave a comment
Senate Introduces Bill Setting Age-Restrictions on Social Media Use

Four U.S. senators have introduced a new piece of legislation aimed at protecting children from the negative impacts of social media.  The Protecting Kids on Social Media Act, introduced by Senators Brian Schatz (D-Hawaii), Tom Cotton (R-Ark.), Chris Murphy (D-Conn.), and Katie Britt (R-Ala.), proposes setting a minimum age of 13 for the use of social media apps and requiring parental consent for 13 to 17-year-olds. The bill also aims to prevent social media companies

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Maryland Employment Law Updates: Minimum Wage, Time to Care Act & Non-Compete Agreement Limitations

On May 3, 2023   /   Employment Law, Family & Parental Leave, Maryland Employment Law, Non-Compete Agreement, Pregnancy Discrimination   /   Leave a comment
Maryland Employment Law Updates: Minimum Wage, Time to Care Act & Non-Compete Agreement Limitations

At the end of its recent session, the Maryland legislature passed two new pieces of employment legislation for Governor Wes Moore’s signature. In its long-running efforts to implement family leave, the legislature passed Senate Bill 828, which is a modification to the Time to Care Act that governs Maryland’s new Family and Medical Leave Insurance Program. The bill would delay the start date and make administrative changes to the program. The legislature also sought to

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Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

On May 1, 2023   /   Artificial Intelligence, Bias Audit, EEOC, Employment Law   /   1 Comment
Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

A group of federal agencies recently announced a joint inter-agency commitment to enforcing civil rights and consumer protections as they apply to the quickly emerging AI technologies in the workplace.  On April 25, 2023, The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC) held a joint press conference to recognize the growing use of AI in employment decision-making and

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Virginia Governor Signs Two New Employee Protection Bills into Law

On April 24, 2023   /   Employment Law, Non-Disclosure Agreements, Non-Disparagement Agreement, Virginia Employment Law   /   Leave a comment
Virginia Governor Signs Two New Employee Protection Bills into Law

Virginia Governor Glenn Youngkin has signed two new bills into law that provide greater privacy protections for employees, while ending the use of nondisclosure, confidentiality and non-disparagement agreements for employees who have experienced sexual harassment. The governor signed Senate Bill 1040, which prohibits employers from using an employee’s social security number (SSN), or any derivative of it, as a means of identification. Employers are also prohibited from including an employee’s SSN on any identification card

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NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

On April 18, 2023   /   Artificial Intelligence, Bias Audit, Discrimination   /   2 Comments
NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

New York City will begin enforcing its new law that regulates the use of AI in hiring tools, on July 5, 2023.   The city has delayed enforcement of the new law, called Local Law 144, since January, due to confusion over the implementation of bias audits in AI systems that employers use for screening job candidates.  The law mandates that employers must inform job candidates beforehand if they use automated hiring systems and conduct a

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New Bill Aimed at Tik Tok Might Ensnare Businesses & Employees Using VPNs

On April 1, 2023   /   Intellectual Property, Technology Regulation   /   Leave a comment
New Bill Aimed at Tik Tok Might Ensnare Businesses & Employees Using VPNs

A new bill from Washington would give the federal government broad authority to police apps and technologies that it believes foreign adversaries are using to communicate or collect information on Americans.  Sponsored by Senator Mark Warner, the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act, would give the Secretary of Commerce the authority to review and prohibit certain transactions, communications and information sharing between persons in the United States

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No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

On March 31, 2023   /   Artificial Intelligence, Copyright Law, Generative AI, Intellectual Property   /   Leave a comment
No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

A recent decision by the U.S. Copyright Office established that the United States does not recognize copyright protection for images created by AI-driven image generators.  The Copyright Office recently granted copyright registration for a comic book, Zarya of the Dawn, after an individual filed an application with the agency. In the application, the individual listed herself as the author and stated that she created the comic book.  Shortly after registering the work, however, the Copyright Office

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New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

On March 26, 2023   /   Employment Law, NLRB, Non-Disparagement Agreement   /   Leave a comment
New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

New guidance from the National Labor Relations Board (NLRB) is helping employees to understand the limits of non-disparagement clauses in severance agreements. According to a memo to NLRB field offices, lawful severance agreements are still permitted, as long as they do not contain overly broad provisions that affect employee rights to engage with one another to improve their working conditions.  As noted in the recent McLaren Macomb decision, the Board reaffirmed longstanding precedent that employers violate the

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