Under both the California Fair Employment and Housing Act (“FEHA”) and Title VII of the federal Civil Rights Act of 1964), certain questions are impermissible during job interviews because they may lead to discrimination or bias. The California Civil Rights Department (formerly known as the Department of Fair Employment & Housing) has published written guidance for employers on that topic, which is very helpful.

The following is a summary of the CDR’s guidelines:

Health and Disability

• Medical Conditions: Inquiries about whether a candidate has any...

Artificial intelligence (AI) has revolutionized the way things are conducted in many sectors of the world’s economy. AI is particularly suited for otherwise routinized tasks that may be done more efficiently by using machine learning technology. However, its use in areas that have traditionally involved human subjective interpretation of information is now growing more prevalent as AI technology improves and becomes more mainstream.

While AI offers numerous benefits, it also poses potential unintended risks, particularly in terms of employment discrimination.

One of the most...

On May 12, 2022, the U.S. Equal Employment Opportunity Commission published important guidance for employers regarding the proper use of artificial intelligence ("AI") in assessing job applicants and employees with disabilities under the federal Americans With Disabilities Act (“ADA”).

Employers now have a wide variety of computer-based tools available to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment.

The agency noted the multitude of contexts in which AI may be applied to...

On May 18, 2023, the U.S. Equal Employment Opportunity Commission published important guidance for employers regarding the proper use of artificial intelligence ("AI") in selecting and managing their workforce.

The agency noted the multitude of contexts in which AI may be applied in employment: "[e]mployers now have a wide variety of algorithmic decision-making tools available to assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal, and referral."

The EEOC's Technical Assistance...

Direct Termination vs. Constructive Discharge

The law recognizes that employees need not be explicitly “fired” by their employer to be able to assert a case based on the wrongful nature of the employment termination. In some settings, most notably those involving a minority shareholder in a corporation. intentionally forcing someone out of a business is called “freezing them out.” In the employment context, when an employer intentionally makes the workplace so intolerable that it causes an employee to resign, it is known as a “constructive discharge.”

In California, the...