Compliance Stuff

Artificial intelligence is increasingly being used by employers to support employee performance management . While AI has the potential to improve talent matching and expand opportunities for growth, it raises significant legal and compliance considerations that employers must take into account before deploying. This Insight will provide an overview of the ways in which you can use AI for performance management, summarize the inherent risks, and provide a list of steps you can take to address that risk. How AI Performance Management Can Boost Your Workplace Qualified employees frequently self-select out of roles they could succeed in because they are scared away by the overly long and all-encompassing job descriptions listing excessive qualifications they don’t believe they can meet. Still others pursue positions misaligned with their actual capabilities, creating frustration for employer and employee alike. AI-driven skills analysis offers a different approach. Instead of focusing on...

Transcript Matt Camardella Principal, Long Island Welcome to the latest installment of the We get work® podcast. My name is Matt Camardella, and I am a principal in the Long Island office of Jackson Lewis. Joining me today is my partner and colleague, Monica Khetarpal, who is in the firm’s Chicago office.  Today, we are going to discuss the disparate impact theory of employment discrimination and recent developments that may affect the way organizations view their risk of such claims. Monica, I have some great news to share. Employers can no longer be sued for disparate impact. Isn't that great? Monica Khetarpal Principal, Chicago Well, that would be great, but not so fast, Matt. It wasn't that employers can no longer be sued. It's just that the EEOC has announced that they've declined to pursue disparate impact claims. It's a little bit different.  Do you want to take a minute to explain what disparate impact is and why it's important? Camardella Happy to. Un...

  On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney General Pam Bondi released a memorandum furthering the policy initiatives behind Trump’s Executive Order. Companies are now assessing their potential risk given the new administration’s clear policy to eliminate what it is referring to as “anti-discrimination” initiatives both within the federal government and private sector. Companies are likewise determining what they can do proactively to avoid becoming targets. This article explains why having an adequate compliance program, specifically a strong internal reporting mechanism is a key piece of that puzzle. Under his January 21, 2025 Ending Illegal Discrimination and Restoring Merit-Based Opportunity Order, Trump: orders all executive departments and agencies to end illegal private-sector DEI preferences, ...