Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.”  Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission.  Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...
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D.C. Expands Wage Transparency Law

Kollman & Saucier
Kollman & Saucier
01/18/2024
The District of Columbia’s Wage Transparency Act has been around for nearly a decade.  The District recently expanded the Act through D.C. Act 25-367 to broaden employer pay transparency obligations. The Mayor signed the law on January 12, 2024, and it will be effective June 30, 2024 if it survives congressional review. The amendments require covered employers to provide a position’s wage range in all job listings and position descriptions,...
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U.S. Citizenship and Immigration Services has a New I-9 Form. Is Your Business I-9 Compliant?

Kollman & Saucier
Kollman & Saucier
11/02/2023
The U.S. Citizenship and Immigration Services (“USCIS”) issued a new I-9, Employment Eligibility Verification Form on August 1, 2023.  Effective November 1, 2023, businesses should now be using this new simplified form for all new and re-hire employees.  Instructions for the form can also be found on USCIS’s website.  With this new form, we are providing a refresher on what businesses must do in order to remain compliant. What Is An I-9...
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Discrimination Accusations by DOJ Rocket SpaceX to Spotlight…Yet again

SpaceX, Elon Musk’s venture that designs, manufactures, and launches rockets and spacecraft, faces a lawsuit filed by the Department of Justice alleging discriminatory hiring practices against refugees and asylees.  The complaint alleges SpaceX, under the guise of export laws and regulations including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR), used discriminatory hiring practices in...
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EEOC Releases Advice on Artificial Intelligence and Title VII

Vincent Jackson
Vincent Jackson
05/23/2023
On May 18, 2023, the EEOC released a technical assistance document, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.”   This document offers advice on the use of algorithmic decision-making tools that employers are more often using for recruitment, promotion and firing.  The document also attempts to distinguish between...
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FCRA Compliance: Summary of Consumer Rights Is Updated

The Consumer Financial Protection Bureau (CFPB) updated its Final Rule on the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and it includes various changes and corrections that are largely non-substantive (contact information corrections; deleting the term "Federal Land Banks").  Employers and consumer reporting agencies are required to provide the Summary to employees and applicants per the FCRA.  Employers must do so with every...
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An Employer Cannot Sue its Competitor in Order to Retain Staff

Kollman & Saucier
Kollman & Saucier
01/26/2022
“The great resignation,” the current term used to describe the mobility of employees in the COVID-era  workforce, is in full effect.  Employment is extremely competitive at the moment, and it seems employees are feeling more comfortable changing employers.  This can, of course, leave employers in dire circumstances when a group of employees all decide to quit at the same time.  Employers are increasingly turning to alternative methods to...
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Wells Fargo Learns That Hiring Matters Too

Frank Kollman
Frank Kollman
10/22/2019
The U.S. Department of Labor has entered into a conciliation agreement with Wells Fargo & Co. to settle allegations that it discriminated in hiring on the basis of sex and race.  The Office of Contract Compliance Programs (OFCCP) found that  Wells Fargo (a federal contractor) had discriminated against 2,066 female applicants for positions as online customer service representatives in Glen Allen, Virginia, and Salt Lake City, Utah, and 282...
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Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

Target has quite the bill to pay.  As a result of alleged discriminatory hiring practices, premised upon Target's use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its criminal background check policy illegally excluded thousands of minority applicants from employment...
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"Ban The Box" Continues To Catch On In Maryland

Kollman & Saucier
Kollman & Saucier
01/08/2015
Montgomery and Prince George's Counties join Baltimore City (and the District of Columbia) to now limit an employer's ability to inquire about an applicant's criminal history.  This trend continues to grow, and very likely, will become Maryland state law sooner than later. Montgomery County Ordinance Effective January 1, 2015, most private employers with 15 or more full-time employees and that do business in Montgomery County may not inquire about...
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