Imagine a future in which Artificial Intelligence does the recruiting and hiring at U.S. companies.  Every new hire will be the uniquely perfect candidate whose skills, personality, presence, temperament, and work habits are a flawless match for the job.  Performance management and poor performance become extinct, relics from an age in which humans brought primitive instincts, biases, and flawed intuition to hiring and employment decisions.
Continue Reading Illinois Enacts AI Interview Law Amid an International Trend Toward Regulation

The U.S. Supreme Court declined to hear a case on October 8 that likely would have clarified the scope of Title III of the Americans with Disabilities Act related to the operation of virtual platforms like websites and applications by private businesses.
Continue Reading Supreme Court Passes On a Case That Likely Would Have Clarified the Scope of the ADA Regarding Access to Private Businesses’ Virtual Platforms

The United States District Court for the Western District of New York recently granted an early dismissal of a class action lawsuit prior to class certification. According to plaintiffs in the case, the employer’s criminal background check policy for job applicants illegally discriminated against African-American job candidates.
Continue Reading Federal Court Finds That General Statistical Data Is Not Enough to Show That No-Conviction Hiring Policy Was Discriminatory

On July 11, 2019, the House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), considered The Restricting Use of Credit Checks For Employment Decisions Act as one of four bills designed to reform the Fair Credit Reporting Act and the credit reporting system.


Continue Reading Why Employment Credit Checks May Soon be a Thing of the Past

The House of Representatives passed the Equality Act (H.R. 5 – 116th Congress) this past Friday, May 17, mostly along party lines – the resolution passed with a 236 to 173 vote, with only 8 of the “aye” votes cast by Republicans.  The Equality Act would amend various civil rights laws, including the Civil Rights Act of 1964 (“Civil Rights Act”), the Fair Housing Act, the Equal Credit Opportunity Act, the Jury Selection and Services Act, and other laws regarding employment with the federal government, to explicitly include sexual orientation and gender identity as protected characteristics.
Continue Reading The Equality Act Takes Another Step Forward

On May 13, 2019, in Outokumpo Stainless USA, LLC v. N.L.R.B., No. 17-15498 (11th Cir.), the Court of Appeals for the Eleventh Circuit enforced an NLRB order finding that stainless steel producer Outokumpo’s posting of a side letter along with a NLRB settlement notice “constituted non-compliance with the terms of the Settlement Agreement” and that “default judgment was thus proper under the plain terms to which the Company had previously agreed.” 
Continue Reading Employer’s Posting of Side Letter Explaining NLRB Settlement Notice Breaches Settlement Agreement

The courts, the Congress, and the Department of Justice continue to grapple with the scope of Title III of the Americans with Disabilities Act as it relates to the accessibility of private businesses’ websites for disabled people.
Continue Reading A Company’s Website Is Not a “Public Accommodation” Under the ADA, a California Court Finds