Using AI in Employment Decisions: Federal Enforcement Guidelines and State/Local Legislation
Navigating the Evolving Legislative Landscape Governing AI in Human Resources

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Wednesday, August 16, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss the latest federal guidance related to using artificial intelligence (AI) for employment decisions, as well as state/local laws governing AI that are currently in effect and other significant pending legislation. The panelists will offer best practices to help employers navigate the evolving legislative landscape to mitigate risk and prevent discrimination claims.
Faculty

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial expertise advising companies on regulatory compliance with the legal and policy developments surrounding AI and other emerging technologies across the employment lifecycle. Leveraging her deep knowledge of rapidly evolving AI-related frameworks, Ms. Lamm helps companies develop a strategic and practical approach to crafting and implementing policies, processes, and legal risk mitigation strategies. She has advised developers and deployers regarding compliance with New York City’s Local Law 144, the Illinois AI Video Interview Act, the California Consumer Privacy Act), and other federal, state, and international data protection and employment laws. Ms. Lamm is a thought leader in this space, regularly speaking and writing on AI issues in employment. She also has extensive experience assisting clients in drafting employee handbooks and policies, conducting compliance audits and workplace investigations, navigating state and federal agency investigations, and advising clients on a variety of employment-related issues, including pay equity and DEI initiatives.

Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk assessment and litigation avoidance, wage and hour compliance, conducting and overseeing internal investigations, hiring, discipline and discharge decisions, enforcement of covenants not to compete, drafting employment and separation agreements, and a wide variety of other employment issues. In addition, Mr. Goldstein has an active litigation practice defending employers in a wide range of matters in both state and federal court.

Ms. Pynes represents and advises clients on a broad range of employment-related matters. She has defended employers in the state and federal courts in California and New York and a variety of mediation forums, as well as in administrative hearings, including the EEOC. Ms. Pynes has also developed a particular fluency in guiding businesses to minimize the risks of liability from lawsuits through preventative measures. She provides both established and emerging businesses informed and practical strategies to enhance company culture and effectively manage human resources. Ms. Pynes works closely with management on employee engagement and retention, drafting customized and effective employee handbooks and personnel policies, the development and implementation of employment contracts, noncompetition agreements, independent contractor agreements and implementing reductions in force.
Description
AI is transforming human resources departments where facial analytics tools assess interviewees; bots screen applicants; and systems monitor employee performance. While the benefits of AI include increased efficiency and cost savings, the dangers are bias, discrimination, and misinformation. As a result, regulators are rapidly enacting laws to govern the use of AI in employment decisions, presenting a challenge for employers to keep up with legislation and remain compliant.
While there is currently no federal law governing the use of AI in employment matters, government agencies are making AI a target of their enforcement activities. Most recently, the EEOC released a technical assistance document related to AI's potentially adverse impact on protected groups and the risk of Title VII violations and offered guidance on how to limit adverse impact.
Additionally, several states and local governments, such as NYC, have AI legislation in the books. Others, such as California, Massachusetts, New Jersey, New York, Vermont, and Washington DC, have pending AI legislation of which practitioners and their clients should be aware.
Listen as our expert panel provides an updated review of federal enforcement guidance and state/local AI legislation and offers best practices to assist employers with assessing their current policies and procedures for compliance and keeping pace with rapidly evolving AI regulations.
Outline
- Federal agency enforcement guidance related to AI and employment discrimination
- EEOC
- DOJ
- Current state/local laws governing the use of AI in employment decisions
- IL
- MD
- NYC
- Status of pending state/local legislation related to using AI in employment
- Best practices to help employers mitigate risk and remain compliant while using AI in human resources
Benefits
The panel will review these and other critical issues:
- The latest enforcement guidance from federal agencies, including the EEOC, related to using AI in employment decisions
- The status of current and pending state/local legislation governing the use of AI in employment decisions
- How to help employers assess which regulations apply to them and keep pace with rapidly evolving legislation
- How to help employers evaluate their policies and procedures for compliance and to mitigate the potential risk of discrimination
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