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ARTICLE · 21 JULY 2025

AI-Driven Employment Litigation Post-Trump AI EO's

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In an era where President Trump has revoked existing federal AI policies and directives and federal agencies have followed suit, several state legislatures and courts are weighing in to account...

United StatesEmployment and HR
H. Andrew Matzkin
H. Andrew Matzkin
Yeilee Woo
Yeilee Woo
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In an era where President Trump has revoked existing federal AI policies and directives and federal agencies have followed suit, several state legislatures and courts are weighing in to account for potential AI-enabled bias in employment decisions, ranging from hiring and recruiting to separation and termination, including regulating the use of automated decision systems (ADS) in the workplace. This post provides a brief overview of some recent AI employment-related proposed legislation and legal challenges.

Proposed State Legislation and Guidance

In January 2025, the New Jersey Division of Civil Rights published a Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination, which applies to businesses generally, including employers. Meanwhile, New York also introduced a bill during its last legislative cycle (the "New York AI Act," S.B. 1169), which sought to place additional hurdles for employers to audit and evaluate their systems for

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