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Using AI in Employment Decisions: Federal Enforcement Guidelines and State/Local Legislation

Navigating the Evolving Legislative Landscape Governing AI in Human Resources

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, August 16, 2023

Recorded event now available

or call 1-800-926-7926

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.


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.



  1. Federal agency enforcement guidance related to AI and employment discrimination
    1. EEOC
    2. DOJ
  2. Current state/local laws governing the use of AI in employment decisions
    1. IL
    2. MD
    3. NYC
  3. Status of pending state/local legislation related to using AI in employment
  4. Best practices to help employers mitigate risk and remain compliant while using AI in human resources


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


Goldstein, Mark
Mark S. Goldstein

Reed Smith

Mr. Goldstein counsels clients on a variety of workplace issues, including policy development and compliance, risk...  |  Read More

Lamm, Emily
Emily M. Lamm

Gibson Dunn & Crutcher

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial...  |  Read More

Pynes, Sahara
Sahara Pynes

Fox Rothschild

Ms. Pynes represents and advises clients on a broad range of employment-related matters. She has defended...  |  Read More

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