Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions. 

The EEOC’s new technical guidance titled, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” details how the EEOC understands Title VII to apply to the use of algorithmic decision-making tools in employment decisions.

Read the full Update here.

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Photo of Chris Wilkinson Chris Wilkinson

Chris Wilkinson maintains a broad litigation and advice practice in labor and employment, wage-and-hour, federal contractor compliance, equal pay, government relations, and administrative law. He represents multinational employers, advising and counseling on the full range of employment and compliance matters arising out of…

Chris Wilkinson maintains a broad litigation and advice practice in labor and employment, wage-and-hour, federal contractor compliance, equal pay, government relations, and administrative law. He represents multinational employers, advising and counseling on the full range of employment and compliance matters arising out of federal and state laws.

Chris’ current practice focuses on counseling employers and litigating pay equity matters arising out of federal and state claims. He helps clients navigate large-scale government investigations and litigation arising out of discrimination, retaliation, whistleblower, and other enforcement matters. He also investigates highly sensitive matters at the executive level, ensures legal compliance in diversity and inclusion efforts, and strategizes regarding labor and employment risks arising out of the COVID-19 pandemic.

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Photo of Dorthy Lukens Dorthy Lukens

Dorthy Lukens is a graduate of the Southern Methodist University Dedman School of Law. Prior to law school, Dorthy led the human resource department for a national healthcare provider. Reporting to the CEO, Dorthy counseled senior leaders on local, state, and federal labor…

Dorthy Lukens is a graduate of the Southern Methodist University Dedman School of Law. Prior to law school, Dorthy led the human resource department for a national healthcare provider. Reporting to the CEO, Dorthy counseled senior leaders on local, state, and federal labor and employment matters and managed adverse employment action claims.

While in law school, she served as the president of SMU’s Labor & Employment Law Association and worked as a legal research assistant.

Dorthy was a summer associate at Perkins Coie in 2020 and 2021. She also held a legal extern position at the U.S. Department of Labor (DOL), Office of the Solicitor, providing support for ERISA and Occupational Safety and Health Administration (OSHA) matters. In addition, Dorthy held both a legal extern and contractor position for PepsiCo, where she provided employer defense from discrimination suits and other adverse employment action claims.

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