
Tala Doumani is a student at Harvard Law School.
California’s Fair Employment and Housing Council (FEHC) recently drafted a bill to ensure artificial intelligence (AI) and other related technologies used by employers in recruiting, hiring, and other employment decisions comply with anti-discrimination laws. In a working draft released to the public, the bill states that “the use of and reliance upon automated-decision systems that limit or screen out…applicants based on protected characteristic(s) set forth in this Act may constitute unlawful disparate treatment or disparate impact.” California’s concern about the increased role of AI and other related technologies have on employment decisions, combined with their general lack of regulation, has been shared by the U.S. Equal Employment Opportunity Commission (EEOC). In October 2021, the EEOC launched an initiative on artificial intelligence and algorithmic fairness, stating that it “is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”
If passed, the bill could expose employers to new liability for using these types of technologies in employer-related decision-making if non-compliant with anti-discrimination laws. The draft bill is currently in its pre-rule-making phased and the FEHC is accepting public comment on the matter at [email protected].
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July 30
In today’s news and commentary, the First Circuit will hear oral arguments on the Department of Homeland Security’s (DHS) revocation of parole grants for thousands of migrants; United Airlines’ flight attendants vote against a new labor contract; and the AFL-CIO files a complaint against a Trump Administrative Executive Order that strips the collective bargaining rights of the vast majority of federal workers.
July 29
The Trump administration released new guidelines for federal employers regarding religious expression in the workplace; the International Brotherhood of Boilermakers is suing former union president for repayment of mismanagement of union funds; Uber has criticized a new proposal requiring delivery workers to carry company-issued identification numbers.
July 28
Lower courts work out meaning of Muldrow; NLRB releases memos on recording and union salts.
July 27
In today’s news and commentary, Trump issues an EO on college sports, a second district court judge blocks the Department of Labor from winding down Job Corps, and Safeway workers in California reach a tentative agreement. On Thursday, President Trump announced an executive order titled “Saving College Sports,” which declared it common sense that “college […]
July 25
Philadelphia municipal workers ratify new contract; Chocolate companies escape liability in trafficking suit; Missouri Republicans kill paid sick leave
July 24
Texas District Court dismisses case requesting a declaratory judgement authorizing agencies to end collective bargaining agreements for Texas workers; jury awards two firefighters $1 million after they were terminated for union activity; and Democratic lawmakers are boycotting venues that have not rehired food service workers.