In Equal Employment Opportunity Commission v. ITutorGroup, Inc., et al., No. 1:22-CV-2565 (E.D.N.Y. Aug. 9, 2023), the EEOC and a tutoring company filed a Joint Settlement Agreement and Consent Decree in the U.S. District Court for the Eastern District of New York, memorializing a $365,000 settlement for claims involving hiring software that automatically rejected applicants based on their age. This is first EEOC settlement involving artificial intelligence (“AI”) software bias.
AI Tools in the Workplace and the Americans with Disabilities Act
On July 26, 2023, the EEOC issued a new Guidance entitled “Visual Disabilities in the Workplace and the Americans with Disabilities Act” (the “Guidance”). This document is an excellent resource for employers, and provides insight into how to handle situations that may arise with job applicants and employees that have visual disabilities. Notably, for employers that use algorithms or artificial intelligence (“AI”) as a decision-making tool, the Guidance makes clear that employers have an obligation to make reasonable accommodations for applicants or employees with visual disabilities who request them in connection with these technologies.
Read more on the Class Action Defense Blog.
Taking Heed of AI Contracts
Duane Morris partner Neville M. Bilimoria authored the McKnight’s Long-Term Care article, “AI is everywhere! Addressing the legal risks through contracting.”
Mr. Bilimoria writes:
You can’t look in the news or see social media posts each day without hearing about artificial intelligence in healthcare. In fact, the advancements in AI in healthcare are making leaps and bounds, seemingly with each day that goes by.
But nursing homes and assisted living providers need to understand not just the benefits of how AI can improve quality of resident care and improved operations, but also the legal issues surrounding AI in your facility.
Read the full article on the McKnight’s Long-Term Care website.
Webinar: Liability Considerations in Enterprise Use of Generative AI
Duane Morris partner Alex Goranin will be moderating the webinar “Liability Considerations in Enterprise Use of Generative AI” on June 27, hosted by The Copyright Society.
For more information and to register, visit The Copyright Society website.
About the Program
Since ChatGPT burst onto the scene last fall, developers of large language and other foundation models have raced to release new versions; the number of app developers building on top of the models has mushroomed; and companies large and small have considered—and reconsidered—approaches to integrating generative AI tools within their businesses. With these decisions has come a cascade of practical business risks, and copyright and copyright-adjacent issues have taken center stage. After all, if your marketing team’s Midjourney-like AI image generator outputs artwork later accused of infringement, who is ultimately responsible? And how can you mitigate that risk—through contractual indemnity? through guardrails deployed in your training process? through post-hoc content moderation?
Speakers
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- Alex Goranin, Intellectual Property Litigator, Duane Morris LLP
- Peter Henderson, Stanford University
- Jess Miers, Advocacy Counsel, Chamber of Progress
- Alex Rindels, Corporate Counsel, Jasper