Employers using automated decision-making systems, including artificial intelligence, algorithms, machine learning, and other tools (collectively, ADMs), in connection with employment decisions are on the precipice of a drastically changed landscape concerning such use. The Equal Employment Opportunity Commission (EEOC) is preparing to issue its final strategic enforcement plan addressing the use of ADMs in employment. Additionally, states and localities are enacting or introducing their own legislation and regulation on the subject. New York City has announced that it will begin enforcing Local Law 144 of 2021 (Local Law 144) imminently, on April 15. Meanwhile, the EEOC and private litigants increasingly are commencing lawsuits alleging discrimination in the use of ADMs in employment.

Considering the legal developments covering the use of ADMs in employment, employers should prepare for the coming changes and recognize how the ADMs they are using may leave them vulnerable to claims of employment discrimination.

EEOC Enforcement And Guidance

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