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AI Hiring Poses Discrimination Risk; A Cautionary Tale

A recent decision from a federal court in California shows that employers need to be careful to avoid potential discriminatory impact if they use AI in employment decisions. EEOC and local lawmakers, including NYC, are also taking steps to ensure that the adoption of this emerging technology is compliant with anti-discrimination laws.

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Lauren J. Marcus and Joshua Hammond of Littler Mendelson have stepped in to defend Affiliated Endoscopy Services of Clifton, Amsurg Corp. and Sharon Juliano in a pending lawsuit over alleged employment discrimination under the ADA. The case was filed Aug. 5 in New Jersey District Court by Fisher Taubenfeld LLP on behalf of a billing manager who contends that she was terminated in retaliation for seeking reasonable accommodations for her chronic venous insufficiency. The case, assigned to U.S. District Judge Michael E. Farbiarz, is 2:24-cv-08287, Wilder v. Affiliated Endoscopy Services of Clifton et al.

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Who Got The Work

Hanson Bridgett partner Alexander Berline has entered an appearance for Avenir Senior Living and other defendants in a pending complaint for declaratory judgment. The action, filed Aug. 9 in California Central District Court by Cozen O'Connor on behalf of Starstone Specialty Insurance Co., seeks to declare that the insureds failed to satisfy a condition precedent to coverage under StarStone's excess policy for an underlying wrongful death action. The case, assigned to U.S. District Judge Fernando L. Aenlle-Rocha, is 2:24-cv-06768, Starstone Specialty Insurance Company v. Avenir Senior Living, LLC et al

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Who Got The Work

Burton F. Dodd, Matthew R. Simpson and JonVieve D. Hill from Fisher & Phillips have stepped in as defense counsel to Emory University School of Medicine in a pending lawsuit over alleged employment discrimination. The action was filed Aug. 7 in Georgia Northern District Court by HKM Employment Attorneys on behalf of a program coordinator who contends that she was subjected to disparate treatment based on race and wrongfully terminated five days after she requested and was approved for FMLA leave. The case, assigned to U.S. District Judge Thomas W. Thrash Jr., is 1:24-cv-03510, Alff v. Emory University School of Medicine.

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Who Got The Work

Richard J. Lechette of McElroy, Deutsch, Mulvaney & Carpenter has entered an appearance for Starr Indemnity & Liability Co. in a pending complaint for declaratory judgment. The case, filed Aug. 5 in Pennsylvania Eastern District Court by Bodell Bove LLC on behalf of Philadelphia Indemnity Insurance Co., seeks to declare that Stuart Dean is obligated to defend and indemnify the estate of Stephen Girard and Kennedy-Wilson Pennsylvania : Management in an underlying personal injury action. The case, assigned to U.S. District Judge Gerald A. McHugh, is 2:24-cv-03787, Philadelphia Indemnity Insurance Company v. Starr Indemnity & Liability Company et al.

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Who Got The Work

LaToya C. Merritt and Marcellus D. Chamberlain of Phelps Dunbar have stepped in to represent the Jackson Public School District in a pending employment discrimination lawsuit. The suit was filed Aug. 5 in Mississippi Southern District Court by Joel F. Dillard PA on behalf of an educator who contends that she was wrongfully terminated while on FMLA leave. The case, assigned to U.S. District Judge Carlton W. Reeves, is 3:24-cv-00456, O'Briant v. Jackson Public School District.

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