
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 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching