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Are you risking systemic discrimination by using AI for hiring?

  • June 16, 2022
  • 1:00 PM - 2:00 PM
  • Zoom

This is a live 60-minute invitation-only webinar hosted by the Recruitment Process Outsourcing Association (RPOA). 


Any company that uses Artificial Intelligence (“AI”) or other emerging technologies to make employment decisions must understand a quickly-shifting legal landscape, including federal, state, and even local laws implicated by AI.

Due to the quick adoption of AI by employers, this issue is the focus of several government agencies. In October 2021, The U.S. Equal Employment Opportunity Commission (EEOC) announced a new initiative to clarify how the use of artificial intelligence (AI) and other emerging technologies fits in with federal discrimination law.  In May, the EEOC issued its most comprehensive guidance yet, addressing how using AI may implicate the Americans with Disabilities Act.  

States and localities have also taken action to regulate AI use.  In December 2021, New York City announced that effective January 1, 2023, new requirements for the use of artificial intelligence in employment decisions will take effect in the City.  Also, the state of Illinois enacted a law that must be taken into consideration when using AI with workers in that state.

In this invitation-only 60-minute webinar, two employment lawyers with Eckert Seamans Cherin & Mellott, LLC will share information on some of these new laws, regulations and initiatives.

Participants are invited to bring their questions and share their concerns and experiences with using AI in hiring.

What you will learn in this session:

  • An overview of the current state of the law, including the EEOC’s guidance and state/local laws that regulate the use of AI in employment.

  • Explore how companies can successfully use AI technology from a functional perspective to recruit a more diverse workforce.

  • How a tool designed to solve bias in hiring can sometimes inadvertently cause discrimination.   

  • Best practices for using AI without violating federal law, recently issued by the EEOC. 

About the Speakers

Brendan Horgan, Associate

Brendan Horgan focuses his practice on labor and employment law. He represents businesses in a variety of industries, state agencies, and non-profit entities.  He routinely provides labor and employment law compliance advice regarding numerous federal and state laws, including Title VII, ADA, FMLA, FLSA, ADEA, FCRA, NLRA, OSHA/VOSH.  Brendan also assists clients with handling workplace safety violations, employment policy drafting, and administrative charges.  As a litigator, he has appeared in a variety of matters before state and federal courts, the Virginia Workers’ Compensation Commission, and military courts-martial.  

Prior to settling in Richmond with his family, Brendan served for five years on active duty in the U.S. Navy JAG Corps as both a prosecutor and defense counsel where he had the opportunity to try numerous complex courts-martial to verdict.  Brendan currently serves as a Lieutenant Commander in the U.S. Navy Reserve.

Annemarie DiNardo Cleary, Member 

Annemarie DiNardo Cleary is a successful commercial litigator with more than 25 years of experience.  In her employment practice, Annemarie advises employers regarding compliance with state and federal employment statutes, such as Title VII, ADEA, FMLA, FLSA, and the Virginia Human Rights Act, and defends them in state and federal courts on a wide range of employment-related claims, including claims of wrongful discharge and the enforcement of covenants not to compete.  Annemarie also counsels and represents employers in defense of Equal Employment Opportunity Commission charges and Virginia Employment Commission claims.

About Eckert Seamans Cherin & Mellott, LLC

Eckert Seamans Cherin & Mellott, LLC is a national law firm with 15 offices throughout the eastern United States. We provide a full range of legal services nationwide to businesses of all sizes, institutions, municipalities, colleges and universities, government agencies, and individuals. Our practice areas encompass litigation, including mass tort and products liability litigation; corporate and business law; intellectual property law; labor and employment relations; hospitality and gaming law; aviation; bankruptcy and creditors’ rights; employee benefits; environmental law; construction law; public finance and municipal law; real estate and land use; tax; and trusts and estates. Eckert Seamans has offices in Pittsburgh, Harrisburg and Philadelphia, Pennsylvania; Boston, Massachusetts; Washington, D.C.; Wilmington, Delaware; White Plains and Buffalo, New York; Newark and Princeton, New Jersey; Richmond, Virginia; Troy, Michigan; Hartford, Connecticut; Providence, Rhode Island and Charleston, West Virginia.

References: AI and Algorithmic Fairness  

EEOC Launches Initiative on Artificial Intelligence and Algorithmic Fairness

EEOC Guidance:  The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees

EEOC Guidance: Tips for Workers: The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence

02-24-2022 TrueBlue and PeopleReady to Pay $125,000 to Settle EEOC Disability Discrimination and Retaliation Suit

New York City Enacts Law Restricting Use of Artificial Intelligence in Employment Decisions

Recruitment Process Outsourcing Association, LLC 

Midlothian, Virginia 23114

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