In 2021, New York City enacted a measure that banned the use of Automated Employment Decision-Making Tools (“AEDT”) to (1) screen job candidates for employment, or (2) evaluate current employees for promotion, unless the tool has been subject to a
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EEOC to Hold Public Hearing On The Use of Artificial Intelligence
Continuing its initiative regarding the use of data, automated processes, and artificial intelligence (“AI”), the U.S. Equal Employment Opportunity Commission (“EEOC”) is holding a hearing on January 31, 2023 for examining the use of automated systems and AI in employment…
Employer Alert: New York City Automated Employment Decision Tools Law Postponed to April 2023

As previously discussed in our past article and publication, New York City’s Local Law 144 was set to go into effect on January 1, 2023. However, agency enforcement is now postponed until April 15, 2023.
Responding to increased public…
EEOC Announces New Initiative On Artificial Intelligence & Algorithmic Fairness
Continuing its efforts towards becoming a 21st century data analytics agency, during the last week of October, 2021, U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows announced a new EEOC initiative on artificial intelligence and algorithmic fairness.
This…
Beyond E-Discovery: The Ethical & Legal Use Of Machine Learning Technologies
In contemporary litigation, “machine learning” and “predictive analytics” are phrases that are typically used in the context of e-discovery. However, as these technologies grow and evolve, so too will their application and utility in employment decisions and legal proceedings. At…
Can Employers Use Artificial Intelligence And Data Analytics To Track Remote Workers?
Notwithstanding federal, state, and local privacy and cybersecurity laws that may apply, employers may generally use artificial intelligence, data analytics, and other software and technologies to track remote workers.
The COVID-19 pandemic has resulted in, if not required, the vast…
New Freedom of Information Act (FOIA) Software Launched By EEOC
On February 1, 2021, the Equal Employment Opportunity Commission (EEOC) launched a new software system to receive and process Freedom of Information Act (FOIA) requests and objections. FOIA allows individuals the right to request access to federal government records.
Individuals…
Biden Appoints Jenny Yang as Director of Office of Federal Contract Compliance Programs
On January 21, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced via its leadership team webpage, that Jenny Yang, former EEOC Chair during the Obama administration, was selected as OFCCP Director.
During Jenny Yang’s time with the…
New Deputy Chief Data Officer at EEOC Office of Enterprise Data and Analytics
On January 19, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that Kimberly S.L. Essary has been appointed as Deputy Chief Data Officer within the agency’s Office of Enterprise Data and Analytics (OEDA).
Essary’s appointment expands OEDA’s existing executive…
Agency Takes Step to Becoming ’21st Century Data and Analytics Organization’ with EEOC Explore
The launch of “EEOC Explore” is the U.S. Equal Employment Opportunity Commission’s (EEOC) latest step toward its vision to “build a 21st century data and analytics organization.”
In December 2018, the EEOC created the Office of Enterprise Data and…