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Companies that demand employees provide medical records or family medical history during pre-employment physicals or fitness-for-duty exams are being challenged under the federal Genetic Nondiscrimination Act of 2008 (GINA) and Illinois’ Genetic Information Privacy Act. Under the laws, an employer can ask for disability information or conduct medical examinations only after giving a conditional job […]
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter how it’s viewed, though, employers must focus on how this brave new world intersects with legal compliance. Guidance from the DOL […]
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment to include developments “answering the call” of the #MeToo movement; the landmark Supreme Court decision in Bostock v. Clayton County, Georgia (which held the protections of Title VII of the Civil Rights Act of […]
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]
Over the past 6 months, the acceleration of artificial intelligence (AI), particularly in the form of large language models (LLMs) like Open AI’s GPT-4, has been relentless. These models have demonstrated capacities that would have seemed like science fiction just a few years ago, such as the ability to immediately produce compelling and fluent text […]
Almost 2 months in, the writers’ strike in Hollywood shows no signs of ending soon. Members of the Writers Guild of America (WGA) are seeking a guarantee that studios won’t use artificial intelligence (AI) to write or rewrite scripts, among other proposals. To date, studios and networks represented by the Alliance of Motion Picture and […]
As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated guidance that had no clear direction and making it worse with increased reliance on shifting public health standards.
The U.S. Court of Appeals for the Second Circuit, whose decisions control in New York, recently ruled on whether an individual was qualified to receive the benefit of a reasonable accommodation during the pre-application testing process. Read on to understand how this case affects your own hiring procedures.
It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review. Using software to review applicant […]