When AI Discriminates: What Employees and Employers Should Know to Protect Their Rights (Presented by the Federal Bar Association Civil Rights Law Section)

William Goren, Consultant and Attorney
William Goren, Consultant and Attorney
William Goren, Consultant and Attorney

He provides consulting, counseling, representation, and training services involving compliance with the Americans with Disabilities Act, Rehabilitation Act of 1973, and related laws- such as the Air Carrier Access Act and the Fair Housing Act-, among others.

Anthony J. May, Partner
Anthony J. May, Partner
Brown Goldstein & Levy

Anthony May has represented clients in a variety of complex litigation matters including assisting employees with disabilities in obtaining accessible technology and accommodations in the workplace, representing individuals who have been wrongfully convicted, commercial litigation disputes, and fighting workplace discrimination based on sexual orientation.

On-Demand: April 24, 2025

1 hour CLE

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Program Summary

This webinar will explore the issues that arise from using AI in employment situations and the potential discriminatory impacts on employees. Our presentation will provide: 1) a brief overview of federal antidiscrimination laws governing employment, with an emphasis on the Americans with Disabilities Act; 2) a dive into AI, how it is used in the employment context, and how its uses can result in discrimination against protected classes; 3) an explanation of federal and emerging state laws and how they can be used to protect an individual employee’s rights; 4) a review of current cases of interest; 5) and tips and best practices for employees and employers to consider when they encounter AI in the workplace.

Presented by the Federal Bar Association Civil Rights Law Section

This course is co-sponsored with myLawCLE. 

Key topics to be discussed:

  • Federal civil rights laws relevant to employment
  • The emerging use of AI in employment decisions and how those civil rights laws are implicated
  • Current cases and legislation addressing the use of AI in employment
  • Best practices for employees and employers to better understand their rights and obligations when AI is used in employment decision making

Closed-captioning available

Speakers

William Goren, Consultant and Attorney | William D. Goren, J.D., LL.M., LLC

William D. Goren, Esq., of William D. Goren, J.D., LL.M. LLC in Decatur, GA, has been dealing with the ADA as an Attorney since 1990. His law and consulting practice, https://www.understandingtheada.com/, as well as his blog, Understanding the ADA, (an ABA Top 100 for five consecutive years during the last five years of the award, 2014 2018), all focus on understanding the ADA so that the client understands what it means to comply with that law and related laws.

In particular, he provides consulting, counseling, representation, and training services involving compliance with the Americans with Disabilities Act, Rehabilitation Act of 1973, and related laws- such as the Air Carrier Access Act and the Fair Housing Act-, among others. Mr. Goren also brings a deep, personal understanding of what it means to have a disability, equipping him with exceptional insight on how the ADA actually works. He is deaf with a congenital bilateral hearing loss of 70–120+ decibels, but functions entirely in the hearing world thanks to hearing aids, Bluetooth technology, automatic speech recognition, and lip-reading. For reasons independent of his deafness, he also uses voice dictation technology to access his computer.

He is also a frequent presenter, a trained mediator, a FINRA arbitrator (Chairperson eligible), and an arbitrator on the CPR employment panel. Finally, he is the author of Understanding the ADA, now in its 4th edition (ABA 2013), and numerous other articles on the rights of persons with disabilities. He is and has been a member of various committees of the American Bar Association, including: Legal Technology Resource Center Board (2017-2023); ABA Law Practice Section Client Development and Marketing Committee; ABA Law Practice Section Ethics and Professionalism Committee and the ABA’s Law Practice Section DEI committee.

He is also a member of various committees of the Federal Bar Association, including: the Federal Bar Association (FBA) Diversity and Inclusion committee; the FBA’s Civil Rights section and its Governing Board; FBA’s Civil Rights Amicus committee; and since 2022, the Chair of the FBA’s Disability Best Practices Working Group. In the first year of the Disability Best Practices Working Group, it formulated an accessibility manual for the FBA and its chapters.

In June of 2025, it will be bringing out an accessibility manual that federal courts can use to help ensure that their courtrooms are accessible for persons with disabilities. He is also a member of the Deaf and Hard of Hearing Bar Association. He has an A.B. from Vassar College, a J.D. from University of San Diego School of Law, and was one of the first in the entire country to receive the LL.M. in Health Law, in his case from DePaul University College of Law. Interesting fact: He trained his miniature poodle to be a hearing dog while he practices virtually.

 

Speaker_Anthony J. May_MDBAnthony J. May, Partner | Brown Goldstein & Levy

Anthony May has represented clients in a variety of complex litigation matters including assisting employees with disabilities in obtaining accessible technology and accommodations in the workplace, representing individuals who have been wrongfully convicted, commercial litigation disputes, and fighting workplace discrimination based on sexual orientation.

Prior to joining the firm, Anthony was the Francis D. Murnaghan, Jr. Appellate Advocacy Fellow at The Public Justice Center, where he represented indigent clients, authored amicus briefs, and argued in the United States Court of Appeals for the Fourth Circuit and Maryland appellate courts on various antipoverty and civil rights cases. He clerked on the Appellate Court of Maryland (formerly known as the Maryland Court of Special Appeals) for the Honorable Deborah Sweet Eyler (Ret.). While attending law school, Anthony worked as a law clerk at Brown Goldstein & Levy, was the Executive Symposium Editor of the Journal of Race, Religion, Gender & Class, a semi finalist in the ABA Labor & Employment Law Trial Competition, and a Legal Writing Fellow.

Agenda

I. Primer on federal anti-discrimination laws governing employment, with a focus on the Americans with Disabilities Act (ADA) | 2:00pm – 2:10pm

II. How AI is being used in employment decision making | 2:10pm – 2:20pm

III. Intersection and applicability of federal laws in the context of AI in employment | 2:20pm – 2:30pm

IV. Current cases of interest | 2:30pm – 2:40pm

V. Tips and best practices for employees and employers | 2:40pm – 2:50pm

VI. Q&A | 2:50pm – 3:00pm

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