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EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial intelligence (“AI”) in employment selection procedures such as hiring, promoting and firing. The guidance comes as the EEOC continues to prioritize its consideration of potential discriminatory policies and practices that incorporate AI…
Continue Reading EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures

The CDC has recently recommended that employers appoint “vaccination ambassadors” to encourage employees to get vaccinated.  The EEOC has not commented on the CDC’s recommendation, but based on other pandemic-related guidance issued by the EEOC, employers should consider the employment risks associated with a vaccination ambassador.  These risks include the following:
Continue Reading Is a “Vaccination Ambassador” a Good Idea?

The Equal Employment Opportunity Commission (“EEOC”) has issued new guidance stating that employers cannot require employees to undergo antibody or serology testing to determine whether employees were previously infected with Covid-19 or are otherwise immune to the virus.  Employers cannot require antibody testing before allowing an employee to return to work or in assigning job duties.  The EEOC’s previous guidance allowing employers to test employees for current Covid-19 infection remains in effect.
Continue Reading EEOC Prohibits Covid-19 Antibody Testing

On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws.  The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes.  The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic, while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies.  Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)

On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws.  The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes.  The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies.  Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance