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AI in Hiring in 2026: The New State Compliance Stack, the Preemption Fight, and Litigating Algorithmic Discrimination

Four states now regulate AI hiring tools in ways that contradict each other, and the courts are not waiting. Learn to inventory screening tools, build a notice matrix, negotiate vendor bias-testing terms, and preserve model evidence before a disparate-impact claim lands.

2026-10-19 14:30:00

Program Details

2026-10-19 14:30:00

Program Details

2026-10-19 14:30:00

Over 1,000+ webinars

2026-10-19 14:30:00

Course Overview

Illinois, California, Colorado, and Texas Now Give You Four Different Answers on the Same Screening Tool

2026-10-19 14:30:00

The AI hiring rules arrived all at once. California’s FEHA automated-decision system regulations took effect October 1, 2025. Illinois HB 3773 has imposed discriminatory-effect liability since January 1, 2026. Colorado repealed its AI Act and replaced it with SB 26-189. Texas TRAIGA answers with an intent-only standard.

The conflicts are not academic. Screen applicants across state lines with one system and Illinois asks about effects while Texas asks about intent. Miss the Illinois notice and the violation attaches to a decision already made. Skip meaningful human review in Colorado and the exemption disappears. Never test for bias and the employer loses its best defense in the wake of Mobley v. Workday.

Attendees walk out with an AI tool inventory, a notice matrix by jurisdiction, vendor contract language on bias testing and data access, and a privilege architecture for audits. The preservation plan covers inputs, outputs, model versions, and prompts, so a good-faith choice made in 2026 reads as reasonable to a court in 2029.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Four-State Rule Map
How California’s automated-decision system regulations, Illinois HB 3773, Colorado SB 26-189, and Texas TRAIGA each change what an employer may screen with.
02
One Compliance Stack
How to build a single AI tool inventory, a jurisdictional notice matrix, and vendor terms on bias testing, data access, and indemnity across four conflicting regimes.
03
Federal Preemption Pressure
How the December 11, 2025 executive order and the Department of Justice AI Litigation Task Force change the advice you give this quarter, and what survives whatever happens.
04
Vendor as Employer
How the agent theory in Mobley v. Workday reaches applicant tracking systems, assessment platforms, and sourcing vendors across the hiring chain.
05
Algorithmic Disparate Impact
How model scores are attacked as the challenged employment practice and defended with validation studies, business necessity, and counsel-directed testing.
06
Litigation Readiness
How to preserve inputs, outputs, model versions, and prompts so a good-faith 2026 compliance decision reads as reasonable to a court in 2029.

Program schedule

clock 2:30 pm - 3:30 pm EST

Building the AI Hiring Compliance Stack: California, Illinois, Colorado, and Texas

This session examines the four state regimes that now govern automated hiring tools and the ways they contradict one another, with a focus on the employer that screens applicants across state lines with a single system. Attorneys will learn which everyday HR tools count as automated decision systems and who bears the compliance duty as between employer and vendor, what an employer must do in Illinois now that the Department of Human Rights has withdrawn the notice rules interpreting HB 3773, how Colorado’s repeal and replacement of its AI Act traded the duty of care and annual impact assessments for notice, explanation, and human review, and why Texas TRAIGA’s intent-only standard produces a different answer than Illinois’ effects standard for the very same screening tool. Attendees will leave with an AI tool inventory, a notice matrix by jurisdiction, vendor contract language on bias testing and data access, and a bias-testing protocol built to be defensible rather than discoverable.

Stephen HayesStephen Hayes
Jack L. Hobaugh Jr.Jack L. Hobaugh Jr.
clock 3:40 pm - 4:40 pm EST

When the Patchwork Meets the Courts: Preemption Pressure and Algorithmic Discrimination Litigation

This session turns from compliance to conflict, working through the federal campaign against state AI laws alongside the private litigation that is proceeding regardless of it. Attorneys will learn what a federal executive order can and cannot do to a state civil rights statute and which of the four state regimes is genuinely vulnerable, how the dormant Commerce Clause and compelled-speech theories hold up against notice and audit mandates, what exposure survives preemption under Title VII, the ADA, and the ADEA, why the court in Mobley v. Workday treated a screening vendor as an agent of the employers using its platform, and how a disparate-impact case built on model output is proven or defeated. Attendees will leave with a preservation plan for inputs, outputs, model versions, and prompts, a privilege architecture for bias audits, and a way to document today’s compliance decisions so they read as reasonable to a court years from now.

Stephen HayesStephen Hayes
Jack L. Hobaugh Jr.Jack L. Hobaugh Jr.
Stephen Hayes

Stephen Hayes

Relman Colfax PLLC

Jack L. Hobaugh Jr.

Jack L. Hobaugh Jr.

Brownstein Hyatt Farber Schreck, LLP

Stephen Hayes

Stephen Hayes

Relman Colfax PLLC

Stephen Hayes is a Co-Managing Partner at Relman Colfax. Stephen’s work focuses on nonprofits, large corporations, and governmental entities on a range of civil rights and consumer protection matters, including fair lending, fair housing, and employment discrimination. He has expertise on algorithmic discrimination, including advising on policies and procedures for testing models and strategies across a range of markets. He also led algorithmic discrimination monitorships and testified to Congress about civil rights issues. Stephen previously served in the Legal Division of the CFPB. Stephen is a member of the American College of Consumer Financial Services Lawyers and has presented at numerous legal conferences and universities.

Education & Credentials

Mr. Hayes earned his Juris Doctor from Columbia Law School and his Bachelor of Arts, magna cum laude, from the University of Pennsylvania. He is admitted in the District of Columbia, bar number 1010531, and in California on inactive status, and he clerked for the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. Hayes serves as Co-Managing Partner of Relman Colfax PLLC. At Columbia Law School he received the John Ordronaux Prize for the highest academic average in his class, and he has since received awards from the Consumer Financial Protection Bureau. He has served as fair lending monitor for the Upstart Network lending platform.

Professional Involvement

Mr. Hayes writes on lending discrimination, special purpose credit programs, and civil rights enforcement, and presents regularly to the American Bar Association, the American Bankers Association, and university audiences.

Experience

Mr. Hayes first joined Relman Colfax in 2011 and returned in 2018 after several years in the Legal Division of the Consumer Financial Protection Bureau, where he worked on rulemakings, supervision, and enforcement. Representative matters include National Fair Housing Alliance v. Consumer Financial Protection Bureau and the reverse redlining class action Morgan v. Richmond School of Health and Technology.
Jack L. Hobaugh Jr.

Jack L. Hobaugh Jr.

Brownstein Hyatt Farber Schreck, LLP

Jack Hobaugh combines his 18-year career as a software engineer, in which he designed and built relational databases, with his legal practice to focus on AI law and governance, cybersecurity law, and privacy law. Jack is a certified iapp AI governance professional (AIGP), privacy professional (FIP/CIPT/CIPP/US/E) and ISC2 Certified Information System Security Professional (CISSP). Jack is equally at home whiteboarding technical solutions with product engineers, as incident counsel, or providing legal advice to inhouse counsel. Jack specializes in guiding start-up companies through the AI, privacy, and security compliance maze. His compliance focus is guiding products to production environment as opposed to being a naysayer. A guest lecturer and author of four books on cybersecurity law, Jack is sought out counsel for startups, and mergers & acquisitions. Prior to his legal career, Jack was a software engineer with a focus on international IT consulting and telecom (Europe / Middle East / West Africa / Brazil), writing his first artificial intelligence program in 1989 in LISP as part of his MS in Computer Science at Johns Hopkins University. In addition to litigating and prosecuting patents, Jack also served as a patent examiner for the United States Patent and Trademark Office.

Education & Credentials

Mr. Hobaugh earned his Juris Doctor from the University of Denver Sturm College of Law, Masters of Laws from Georgetown University Law Center and The George Washington University Law School, and a Master of Science from Johns Hopkins University. He is active in Colorado, bar number 39,371, inactive in the District of Columbia and Virginia, and registered before the United States Patent and Trademark Office.

Recognition & Leadership

Mr. Hobaugh is a Shareholder in the Denver office of Brownstein Hyatt Farber Schreck, LLP, where his practice spans privacy and cybersecurity, technology transactions, and mergers and acquisitions. He chairs the Denver KnowledgeNet Chapter of the International Association of Privacy Professionals.

Professional Involvement

Mr. Hobaugh serves on the Colorado Bar Association Artificial Intelligence and Innovation Task Force. He speaks regularly at industry conferences, including the ISC2 Security Congress, SHRM, and InfoComm.

Experience

Before entering law, Mr. Hobaugh spent eighteen years as a software engineer. He later served as a patent examiner with the United States Patent and Trademark Office and, in house, as senior counsel for privacy and security.
Stephen Hayes

Stephen Hayes

Relman Colfax PLLC

Stephen Hayes is a Co-Managing Partner at Relman Colfax. Stephen’s work focuses on nonprofits, large corporations, and governmental entities on a range of civil rights and consumer protection matters, including fair lending, fair housing, and employment discrimination. He has expertise on algorithmic discrimination, including advising on policies and procedures for testing models and strategies across a range of markets. He also led algorithmic discrimination monitorships and testified to Congress about civil rights issues. Stephen previously served in the Legal Division of the CFPB. Stephen is a member of the American College of Consumer Financial Services Lawyers and has presented at numerous legal conferences and universities.

Education & Credentials

Mr. Hayes earned his Juris Doctor from Columbia Law School and his Bachelor of Arts, magna cum laude, from the University of Pennsylvania. He is admitted in the District of Columbia, bar number 1010531, and in California on inactive status, and he clerked for the Honorable Marsha S. Berzon of the United States Court of Appeals for the Ninth Circuit.

Recognition & Leadership

Mr. Hayes serves as Co-Managing Partner of Relman Colfax PLLC. At Columbia Law School he received the John Ordronaux Prize for the highest academic average in his class, and he has since received awards from the Consumer Financial Protection Bureau. He has served as fair lending monitor for the Upstart Network lending platform.

Professional Involvement

Mr. Hayes writes on lending discrimination, special purpose credit programs, and civil rights enforcement, and presents regularly to the American Bar Association, the American Bankers Association, and university audiences.

Experience

Mr. Hayes first joined Relman Colfax in 2011 and returned in 2018 after several years in the Legal Division of the Consumer Financial Protection Bureau, where he worked on rulemakings, supervision, and enforcement. Representative matters include National Fair Housing Alliance v. Consumer Financial Protection Bureau and the reverse redlining class action Morgan v. Richmond School of Health and Technology.
Jack L. Hobaugh Jr.

Jack L. Hobaugh Jr.

Brownstein Hyatt Farber Schreck, LLP

Jack Hobaugh combines his 18-year career as a software engineer, in which he designed and built relational databases, with his legal practice to focus on AI law and governance, cybersecurity law, and privacy law. Jack is a certified iapp AI governance professional (AIGP), privacy professional (FIP/CIPT/CIPP/US/E) and ISC2 Certified Information System Security Professional (CISSP). Jack is equally at home whiteboarding technical solutions with product engineers, as incident counsel, or providing legal advice to inhouse counsel. Jack specializes in guiding start-up companies through the AI, privacy, and security compliance maze. His compliance focus is guiding products to production environment as opposed to being a naysayer. A guest lecturer and author of four books on cybersecurity law, Jack is sought out counsel for startups, and mergers & acquisitions. Prior to his legal career, Jack was a software engineer with a focus on international IT consulting and telecom (Europe / Middle East / West Africa / Brazil), writing his first artificial intelligence program in 1989 in LISP as part of his MS in Computer Science at Johns Hopkins University. In addition to litigating and prosecuting patents, Jack also served as a patent examiner for the United States Patent and Trademark Office.

Education & Credentials

Mr. Hobaugh earned his Juris Doctor from the University of Denver Sturm College of Law, Masters of Laws from Georgetown University Law Center and The George Washington University Law School, and a Master of Science from Johns Hopkins University. He is active in Colorado, bar number 39,371, inactive in the District of Columbia and Virginia, and registered before the United States Patent and Trademark Office.

Recognition & Leadership

Mr. Hobaugh is a Shareholder in the Denver office of Brownstein Hyatt Farber Schreck, LLP, where his practice spans privacy and cybersecurity, technology transactions, and mergers and acquisitions. He chairs the Denver KnowledgeNet Chapter of the International Association of Privacy Professionals.

Professional Involvement

Mr. Hobaugh serves on the Colorado Bar Association Artificial Intelligence and Innovation Task Force. He speaks regularly at industry conferences, including the ISC2 Security Congress, SHRM, and InfoComm.

Experience

Before entering law, Mr. Hobaugh spent eighteen years as a software engineer. He later served as a patent examiner with the United States Patent and Trademark Office and, in house, as senior counsel for privacy and security.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

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24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs