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Articles by Breanna Timko
California AI Employment Laws: What Employers Need to Know for 2027 | JD Supra
BLOG OVERVIEW: California closed its 2026 legislative session with a wave of AI measures pointing toward documented, independently verifiable AI governance in the workplace. Governor Newsom signed SB 813 and AB 1405 on September 9, 2026, directing the Government Operations Agency to build an AI audit infrastructure: a framework for designating Independent Verification Organizations by January 1, 2028, and a registry of AI auditors conducting "covered AI audits" by January 1, 2029.
7 Steps to Prepare for AI Compliance in Hiring and Employment Decisions
BLOG OVERVIEW: State and local AI laws governing hiring and selection procedures are already in effect with more on the way. Employers can take seven practical steps right now to build a scalable AI compliance strategy, from inventorying selection procedures and understanding bias audit requirements to conducting proactive audits and gathering validation evidence.
More States Uphold Disparate Impact Theory Despite Federal Opposition
BLOG OVERVIEW: Despite the Trump Administration’s Executive Order 14281 directing federal agencies to deprioritize disparate impact enforcement and the EEOC’s decision to close disparate-impact-only investigations, four states—California, New York, New Jersey, and Illinois—have recently enacted laws that codify disparate impact liability at the state level, with some formally adopting the Uniform Guidelines on Employee Selection Procedures (UGESP).
NY State Audits Bias Audit Law Enforcement, NYC Promises Improvements | JD Supra
BLOG OVERVIEW: A recent audit by the New York State Comptroller's Office revealed significant shortcomings in New York City's enforcement of Local Law 144 (LL144), the landmark legislation requiring bias audits of automated employment decision tools (AEDTs) used in hiring. Key findings include inconsistent complaint intake processes, incomplete documentation, limited proactive enforcement, and inadequate bias audit reviews by the NYC Department of Consumer and Worker Protection (DCWP).
[Webinar] AI and Automated Decision Making in Employment: 2025 Regulatory Update - August 13th, 2:00 pm - 2:30 pm EDT | JD Supra
In the past several years, employers have sought to increase efficiency and effectiveness in recruitment and selection efforts by deploying artificial intelligence (AI) tools in their processes. While existing anti-discrimination laws apply to these AI tools in the same manner as any other system or process, states and cities have sought to create and pass their own regulations to provide further protections to workers.
California AB 2930 Joins AB 331 in Inactive Status | JD Supra
[co-author: Niloy Ray, Littler Mendelson] The state of California has had a flurry of activity over the past two years intending to regulate the use of artificial intelligence (AI) in making consequential decisions, including in employment. The purpose of these laws is to mandate transparency and explainability regarding the use of automated decision tools (ADTs). This movement is not surprising given that California is an international tech hotspot.
Department of Labor Releases Significant Update to AI Principles | JD Supra
November 15, 2024 To embed, copy and paste the code into your website or blog: On October 16, 2024, the Department of Labor (DoL) released Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers. This was an extension of the Principles for AI and Worker Well-Being guidance released in May of this year.
Illinois Amends Human Rights Act to Protect Against AI-Based Discrimination | JD Supra
As artificial intelligence (AI) technologies continue toevolvein the workplace, legislation focusing on regulating such technologiesis also becomingmore common. A recent example comes from Illinois, where Governor JB Pritzker signed House Bill (HB) 3773 into law on August 9, 2024. HB 3773 introduces AI regulations to the Illinois Human Rights Act and will go into effect on January 1, 2026.
State and Local AI Law Update: California AB 331 is Dead – Meet AB 2930 | JD Supra
California’s Assembly Bill (AB) 2930 was introduced by the California State Assembly Privacy and Consumer Protection Committee in February 2024 and, if signed into law, will impose certain requirements on entities doing business in the state and using automated decision tools (ADTs) to make or play a substantial role in making consequential decisions.
[Webinar] AI in Employment Decision Making: Following the Patchwork of State and Local Laws - August 14th, 2:00 pm - 2:30 pm EDT | JD Supra
Employers are increasingly turning to innovative technology, like artificial intelligence (AI) or automated employment decision tools (AEDTs), to meet modern talent acquisition and human resource demands. This uptick in adoption, of course, has been followed by a rise in guidance and regulations aimed at ensuring fairness and transparency.
NYC Local Law 144: Choose Your Auditor Wisely | JD Supra
Overview Readers of DCI blogs know all about New York City’s (NYC’s) Local Law 144 (LL-144). Briefly, this law applies when an Automated Employment Decision Tool (AEDT) is used to hire or promote individuals for a job located in NYC or (remotely) associated with an office in NYC.
Department of Labor: Principles for AI and Worker Well-Being | JD Supra
In response to direction from Executive Order 14110, titled Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Department of Labor (DOL) created Principles for Developers and Employers related to the use of artificial intelligence (AI) in the workplace.
[Webinar] DEI in 2024: Minimizing Risk While Making Progress - June 12th, 2:00 pm - 2:30 pm EDT | JD Supra
Over the past several years, diversity, equity, and inclusion (DEI) programs have come under increased legal and public scrutiny. Multiple large employers have been sued by activist groups because of these programs and a number of states are enacting or proposing anti-DEI legislation. Organizations are left to wonder how they can make meaningful progress without increasing their legal risk.
President Biden Signs an Executive Order Related to the Use of AI | JD Supra
On October 30, 2023 President Biden signed the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. It covers a very wide range of areas related to the use of artificial intelligence (AI). The goal of the Executive Order is to help facilitate the benefits of AI and mitigate the associated risks.
EEOC Settles First AI Hiring Bias Lawsuit | JD Supra
[co-author: Grace Boudjalis] The U.S. Equal Employment Opportunity Commission (EEOC) settled its first lawsuit concerning artificial intelligence (AI) bias in hiring with iTutorGroup Inc. (now known as Fullmind), an organization that provides English-language tutoring services to students in China.
[Webinar] Bias Audits in AI and Automated Employment Decision Tools - October 18th, 2:00 pm - 2:30 pm EDT | JD Supra
On the heels of New York City Local Law 144, various states and cities are moving forward with requirements to conduct bias audits of artificial intelligence (AI) and automated employment decision tools (AEDT). Proposed laws such as California Assembly Bill 331, District Columbia Bill 114, New Jersey Assembly Bill 4909, and Connecticut 1103 have disclosure and audit requirements, making it increasingly difficult for employers to ensure compliance.
New York City Local Law 144 Roundtables and FAQ: 10 Take-Aways | JD Supra
July 27, 2023 To embed, copy and paste the code into your website or blog: In late May, the New York City (NYC or the City) Department of Consumer and Worker Protection (DCWP) held multiple roundtables about Local Law 144 for which began being enforced on July 5, 2023. On June 30th, the DCWP published a set of FAQs stemming from the roundtables.
EEOC Issues Guidance on Software, Algorithms, and AI in Employee Selection | JD Supra
On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) published a press release in which they link to new guidance they have provided on the use of artificial intelligence (AI) in selection procedures. This adds to prior guidance the EEOC has provided related to the use of these algorithmically-driven tools for individuals with disabilities. The latest guidance from the EEOC is focused on disparate impact under Title VII.
Federal Agencies Make Statement on Discrimination & Bias in Automated Systems | JD Supra
Federal leaders, including Equal Employment Opportunity Commission Chair Burrows, U.S. Department of Justice’s Civil Rights Division Assistant Attorney General Kristen Clarke, Consumer Financial Protection Bureau Director Rohit Chopra, and Federal Trade Commission Chair Lina Khan, releasedajoint statement early this week on enforcement efforts targeted at discrimination and bias in automated systems, including those using artificial intelligence (AI).
Summarizing the Updated Final Rules Issued for NYC's Local Law 144 | JD Supra
On April 6, 2023, the New York City (NYC) Department of Consumer and Worker Protection (DCWP) issued the final set of rules for enforcing Local Law 144, regulating the use of automated employment decision tools (AEDTs) wherein hiring and promotion decisions are made or substantially assisted by algorithmically-driven mechanisms. The enforcement schedule has been pushed back to July 5, 2023.
Delay Announced for the Enforcement of New York City’s Local Law 144 | JD Supra
If you have been following the state of New York City’s Local Law 144, which is intended to regulate the use of automated employment decision tools (AEDTs) used to make or substantially assist hiring decisions, you may be feeling a distinct sense of déjà vu.
EEOC Hearing on Employment Discrimination in AI | JD Supra
On January 31, 2023, theEqual Employment Opportunity Commission (EEOC) had a hearing, entitled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”. This hearing, which included over four hours of panelist presentations and responses to EEOC Commissioner questions, had nearly 3,000 attendees.
Increased Federal Focus on Artificial Intelligence in Employee Selection | JD Supra
Recently, New York City’s law related to the use of automated employment decision tools (where hiring/promotion decisions involve algorithmically-driven mechanisms) has garnered much attention. Other local/state entities (e.g., California, New Jersey, Washington DC) have also been considering rules related to the use of selection procedures that use artificial intelligence.
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