The Federal Government has removed its guidance regarding the use of AI in hiring. Several states (California), Texas, Illinois, Washington State and Colorado) are developing their own criteria, but the feds are silent. What has not changed, however, is the obligation for equal opportunity in hiring. All other laws and regs are still in place. 

While the political side is quiet, the judicial side is anything but. A lawsuit in California courts against Workday alleging that its AI screening software is discriminatory (based primarily on age) has been given the green light and is proceeding – and growing. With the increased use of AI in recruitment screening (Workday claims over 11,500 clients globally), potentially thousands of people may have been affected.

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