The Impact of AI on Hiring Practices: Balancing Innovation, Privacy, and Discriminatory Risks
Release Date: 03/06/2024
How Will the Overturn of the Chevron Doctrine Impact Employment Law and Federal Agencies?
The Spiggle Law Firm Podcast
The Chevron Doctrine, a legal precedent for nearly half a century, was recently overturned in a monumental Supreme Court decision. This ruling could radically alter how federal regulations are interpreted and enforced, significantly affecting employment law. The Chevron Doctrine, rooted in the landmark case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), established a two-step process for courts to follow when reviewing a federal agency’s interpretation of a statute that it administers. The doctrine essentially granted agencies the authority to interpret ambiguous...
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Is Pursuing Your Employment Case Worth It?
The Spiggle Law Firm Podcast
When grappling with job loss or a toxic work environment, you likely wonder, "Do I have a case? Should I talk to a lawyer? Fired? Afraid You Might Be?, the latest book from podcast host Tom Spiggle, is your comprehensive guide for navigating employment law issues. In this episode, Tom walks you through how to get the most out of the first section of the book. The book's structure allows flexibility, enabling you to jump directly to the sections most relevant to your situation. While Tom suggests starting with the question, "Do I have a case?”, it’s perfectly fine to begin with other...
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Fired? Afraid You Might Be?: Your Resource for Answers, Options, and Next Steps
The Spiggle Law Firm Podcast
Are you looking for a guide with insight, options, and next steps to help you through a sticky employment situation? Maybe you’ve been fired recently, or you’re afraid you’ll be fired and need help. Tom Spiggle, founder of The Spiggle Law Firm and host of this podcast, has written the book to help you determine your next steps and weigh your options. Tom’s motivations for writing his book “Fired? Afraid You Might Be?” stem from a need he saw firsthand—many employees are unsure if their workplace issues require legal intervention. Unlike criminal defense or family law, employment...
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Avoiding Pitfalls in Federal Sector Litigation: How to Prepare for an EEOC Judge
The Spiggle Law Firm Podcast
Getting to the point where an EEOC judge is assigned to your case is a significant milestone in federal sector litigation. What happens next? Louise Ryder, a senior attorney with The Spiggle Law Firm, is here to continue our series on navigating federal sector litigation. The EEOC process is complex and laden with procedural requirements that require strategic thinking. From the initial conference to the extensive discovery phase, understanding each step's intricacies, costs, and potential benefits—such as early settlement opportunities—can significantly impact a case's outcome. Being...
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The Fork in the Road: Choosing Between a Final Agency Decision or an EEOC Hearing
The Spiggle Law Firm Podcast
This episode continues our series on federal sector litigation. Today's focus is understanding the fork in the road after the investigative phase. Learn more about your options at this stage of the process. After receiving the report of investigation (ROI), you have two options: request a Final Agency Decision (FAD) or opt for a hearing before the Equal Employment Opportunity Commission (EEOC). Should you trust the agency to deliver justice or take your chances with the EEOC? Senior Attorney Louise Ryder walks us through this critical juncture in federal sector litigation. Gather the insights...
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A Guide to Protections and Accommodations Under the Pregnant Workers Fairness Act
The Spiggle Law Firm Podcast
How did a recent WNBA game inspire an episode about the Pregnant Workers Fairness Act? Zachary Aman, an attorney with The Spiggle Law Firm, was watching a WNBA game when an injury report graphic splashed across the screen. He saw the usual ailments—Achilles tendons, knee injuries—but then something caught his eye. Nestled amidst the injuries are two startling words: "Baby" and "Baby." In this episode, Zach uses this sports graphic to introduce the profound implications of the Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act (PFWA) became effective in June 2023. Before this...
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Workplace Harassment: Updated Guidance from the EEOC
The Spiggle Law Firm Podcast
Workplace harassment is an issue that affects countless individuals daily, imparting a significant emotional and psychological toll. While many may recognize the discomfort and unease caused by certain behaviors, discerning whether such actions are illegal can be challenging. Samantha Vanterpool Rucker, an attorney with The Spiggle Law Firm, joins Tom to discuss the newly issued guidelines from the Equal Employment Opportunity Commission (EEOC) that offer clarity on harassment matters. The episode kicks off by addressing the common misconception that all forms of bullying and harassment in the...
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Understanding Your ROI: A Guide to the EEO Report of Investigation
The Spiggle Law Firm Podcast
You’re a federal sector employee who has filed your complaint with the EEO. You receive your Report of Investigation (ROI). Now what? What exactly is an ROI, and what should you do next? Louise Ryder, an expert in federal sector employment law with The Spiggle Law Firm, joins us to explain the role of the ROI and provide strategic insight for those navigating federal employment disputes. Understanding and effectively analyzing the Report of Investigation (ROI) can dramatically affect the trajectory of your federal sector employment litigation. Everything hinges on the details and evidence...
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Short-Term and Long-Term Disability: What You Need to Know
The Spiggle Law Firm Podcast
Attorney Jessica Greer, from The Spiggle Law firm, joins Tom to guide us through the tangled web of short and long-term disability benefits. These benefits are often provided by employers as part of their benefits packages, but navigating them can be quite challenging. Tom and Jessica explore the differences between short and long-term disability, the legal protections involved, and the potential pitfalls employees may encounter. They provide a detailed overview to help clear up the confusion surrounding these benefits. Jessica highlights the overlap between short and long-term disability...
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Understanding The Critical Steps in the Formal EEO Complaint Stage
The Spiggle Law Firm Podcast
Louise Ryder returns to the podcast to walk us through the critical steps in the formal EEO complaint process. Louise shares her insight for crafting a compelling formal complaint, the strategic significance of naming witnesses, and what you can expect from the investigator's report. We’ll also cover how to handle objections, the advantages of a written response, and your options if the final agency decision is not in your favor. The journey from the informal EEO complaint stage to the formal process necessitates filing a formal complaint within 15 days of receiving the notice of the right...
info_outlineWhat are the potential risks for job seekers and employers when Artificial Intelligence (AI) is incorporated into the hiring process? Senior Paralegal Erin Shatsiek joins Tom to discuss the pros, cons, and legal considerations surrounding the use of AI in the hiring process. With the rapid advancements in technology, it's crucial to understand the implications of AI in the hiring process and the precautions needed to mitigate potential risks.
Erin discusses how AI can help applicants create robust resumes and enhance their chances of standing out in a pool of job candidates. Employers are leveraging AI to schedule interviews efficiently, review resumes, streamline the selection process, and identify qualified candidates in a timely manner.
While AI offers many benefits, there are legitimate concerns regarding discriminatory practices and privacy issues. Erin and Tom highlight the potential for bias to seep into AI systems, whether intentionally or unintentionally. Employers must be cautious about the parameters set for AI algorithms, as any discriminatory impact, such as ageism or other biases, could lead to significant legal repercussions.
The legal landscape surrounding AI in hiring is evolving. In this episode, you’ll learn about the American Data Privacy and Protection Act, as well as the Biden administration's introduction of a blueprint for AI Bill of Rights, emphasizing responsible AI deployment and protecting individuals from discrimination based on protected classes.
What does the future of AI in the hiring process look like?
While AI offers possibilities for creating an efficient hiring process, critical considerations surrounding bias, privacy, and legal safeguards must be at the forefront of discussions and regulatory actions. As technology continues to shape the employment landscape, understanding the multifaceted implications of AI in hiring is essential for both job seekers and employers.
Episode Highlights
(00:00) The Rise of AI in Hiring Practices
(03:45) Navigating Discrimination and Privacy Concerns
(06:47) The Regulatory Landscape and AI in Hiring Practices
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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.