by Stephen D. Hans | Apr 24, 2023 | AI (Artificial Intelligence) in the Hiring Process
What employers should know about using AI programs The Equal Employment Opportunity Commission has brought its first case based on (Artificial Intelligence) AI hiring bias against an English language tutoring services company. The two companies that comprise iTutorGroup, Inc. are Shanghai Ping’An Intelligent Education Technology Co., Ltd., and Tutor Group Limited. Details of the EEOC’s Case and Allegations of AI Hiring Bias The EEOC alleged that the AI programming automatically rejects older applicants. They explained that an applicant realized the company rejected them due to discrimination after submitting a second identical application that contained a younger birthdate. The company rejected the first application and offered an interview after receiving the second application. iTutorGroup offers tutoring services to students in China. Each year, the company hires thousands of tutors who live in the United States. The tutors provide online tutoring services from their home to other remote locations. The AI received programming to reject female applicants aged 55 or older and male applicants aged 60 or older. As a result, iTutorGroup denied jobs to more than 200 otherwise qualified, U.S. based applicants due to their age. Actions the EEOC Seeks Against iTutorGroup The EEOC is seeking the following legal actions on behalf of more than 200 applicants the company subjected to age discrimination: Back pay and liquidated damages Strong injunctive relief designed to remedy and prevent future age discrimination Age Bias Violates the ADEA The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against potential employees based on age, which includes discrimination during the hiring process. The EEOC has launched an Artificial Intelligence and Algorithmic Fairness Initiative...
by Stephen D. Hans | Apr 17, 2023 | Stephen D. Hans & Associates
Clarification about pay transparency Amendments to the NYS pay transparency law provide clarification for the legal scope, giving further explanations as to how employers should apply the law. What about jobs performed outside of New York where the worker reports to a New York supervisor, office or NY site? The new amendment clarifies that pay transparency also applies for job promotions for workers who physically perform their jobs outside of New York but report to a New York office, supervisor or worksite. Employers should take note that their ads for remote work should take this fact into consideration. Also, it is worthwhile to understand that New York City’s law excludes these types of positions in its local law. What is the expanded definition of “advertising”? While no such definition existed prior to the amendment, the amendment adds an expanded definition which includes positions which are “available to a pool of potential applicants for internal or public viewing, including electronically, a written description of an employment opportunity.” What this means is that advertising would include advertisements that are internal and external as well as electronic and paper. How have record keeping requirements changed through the new amendments? Prior to the amendment, employers had to keep and maintain records to comply with the law that included (but were not limited to) the following: History of compensation ranges for each job, promotion, or transfer opportunity Job descriptions for the above positions The previous version of the law referred to “necessary records,” which were vague. The new amendment eliminates the above record keeping requirements. (Reference: JDSupra) As an employer, do you have legal...
by Stephen D. Hans | Apr 11, 2023 | Stephen D. Hans & Associates
How are workers responding to pay transparency? As a business owner, are you concerned about pay transparency affecting businesses, especially with new hires? Based on new laws, companies are now in the position of having to post salary ranges. However, co-workers who discover the job listing has a higher range than what they are making are typically not happy about it. Employees ask employers about the discrepancy. Yet the employer has to fill the position, which means being competitive with current market rates. Many employers explain this fact, saying there is nothing they can do. The combined effects of pay transparency and inflation on the job market According to The Baharat Express News , a survey done by SHRM (Society or Human Resources Management) professionals showed that 36% of the 1300 professionals surveyed asked their employers for raises. Younger employees are apt to leave their jobs when they discover their pay is much lower than the advertised salary. This opens a cyclical problem for employers: an employee leaves to find a job elsewhere. The employer has to hire a person to replace the employee who left. The new hire receives a higher payrate. The job turnover rate increases. Would the employer be better off giving his employees raises? Perhaps not, if only the turnover rate is only 36%. According to the U.S. Bureau of Labor, wages and salaries for U.S. workers increased 5.1% for the 12 month period ending in 2022. Wages and salaries had already increased 4.5 percent for the 12-month period ending in December 2021. Is pay transparency driving up inflation even higher? As an employer, do...
by Stephen D. Hans | Apr 4, 2023 | Stephen D. Hans & Associates
Ensuring compliance with the new law The New York Warehouse Protection Act (WPPA) affects how employers set production quotas for workers. The law went into effect for New York State on February 29, 2023. Which employers must comply with the new law? Employers who own a single large warehouse distribution center with 100 or more workers must comply. In addition, the law applies to employers with one or more centers employing 500 or more employees. How does the WPPA define a production quota? A production quota is a work standard that does the following: Sets a specific production speed Establishes a quantified number of tasks Requires that the employee handles or produces a quantified number of tasks within a specified time period Classifies employee’s actions in terms of performing tasks or not performing tasks Establishes that an employee’s failure to meet the performance standard could adversely affect the working conditions or continued employment of the employee What should employers know about writing production quotas? The WPPA requires employers to put production quotas in writing and give the written quotas to their workers. When hiring the worker or for workers already employed, the employer must provide each worker with a written production quota and explain that the worker could be subject to adverse actions for failing to meet the quota. If employees have more than one quota to meet, the employer must give them a written description for each quota. Also, if employers change a quota, they must provide the changed written description within two business days of the change. If the employer takes disciplinary or other adverse actions against...
by Stephen D. Hans | Mar 28, 2023 | Employment Defense Attorney
What Employers Should Know About Releasing Personnel Files New York law prohibits personnel files release as retaliation toward an employee who complains about discrimination or harassment. It also applies to employees who file external or internal complaints or who assist or testify in a discrimination legal proceeding. New York State Human Rights Law has prohibited employers from retaliating in other ways, including unwarranted: Disciplinary actions Transfers Demotions Withdrawal of privileges Decrease in hours or pay Termination (Reference: JD Supra ) How Can Personnel Files Release Be a Form of Retaliation? A personnel file could include various documents, such as: Performance evaluations Complaints from co-workers or customers Attendance records Record of disciplinary actions Forms relating to promotions, demotions or transfers Termination forms Releasing an employee’s personnel file could discredit or put the employee in a bad light. Doing so because an employee objects to discrimination or sexual harassment in the workplace or has participated in an investigation is unjust. However, if a civil or criminal complaint exists against an employee, releasing the file is not illegal. These types of proceedings that have legal grounds to request information in a personnel file do not violate the employee’s rights. Be proactive regarding the recent legal change It would be wise for employers to review existing policies regarding personnel files and to put new policies in place based on this recent law. Owners should discuss the law with management and Human Resources personnel. It is vital for employees in management positions to understand the repercussions of any potential violation. As an employer, do you need legal help with understanding retaliation? By addressing legal...
