The Supreme Court unanimously vacated a decision that requires discriminated employees to demonstrate a “materially significant” disadvantage for discrimination claims. The Court held that employees, under Title VII of the Civil Human Rights Act of 1964 (Title VII), must only show some harm with respect to “an identifiable term or condition of their employment”, but that harm need not be significant. The Supreme Court’s decision stems from Muldrow v. City of St. Louis, Missouri, a lawsuit brought by
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The U.S. House of Representatives recently introduced a bill that aims to bolster protections against age-related workplace discrimination. The Protecting Older Workers Against Discrimination Act of 2023 (POWADA) would amend the Age Discrimination in Employment Act of 1967 (ADEA) to foster a more equitable and age-inclusive work environment. The bill would re-establish the traditional burden of proof standard for age discrimination claims in the workplace. The ADEA prohibits discriminatory practices throughout the employment process, from hiring and
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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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The District of Columbia has reintroduced legislation to prevent discrimination by algorithms in employment decisions. The Stop Discrimination by Algorithms Act of 2023 would prohibit algorithmic discrimination by employers and require service providers to ensure that their AI tools are compliant with the law. The bill includes regulations for employers and prohibits algorithmic discrimination in other areas, such as consumer credit decisions, education and housing. The new bill would force employers to contractually require that their AI
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At a recent hearing, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of artificial intelligence (AI) and automated systems on employment decisions. The goal of the hearing was to identify potential concerns of employer use of artificial intelligence in all areas of employment decision making. The EEOC is concerned about the use of AI in employment decisions, as many companies use AI technologies for hiring, promotion, and other similar processes. Such tools include
Read More... →If you are an employee with a hearing condition covered under the ADA, such as deafness or difficulty of hearing, your employer or potential employer may have specific obligations to you. These protections have changed and expanded over time, and they may affect your rights both in your current workplace and during your next job interview. New EEOC Guidance Recently, the U.S. Equal Employment Opportunity Commission (EEOC), the agency tasked with enforcing the Americans with
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