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.

Live Video-Broadcast: 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.

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

Date / Time: April 24, 2025

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

William D. Goren_myLawCLEWilliam 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_myLawCLEAnthony 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

Credits

Alaska

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1 Ethics

Arkansas

Approved for CLE Credits
1 Ethics

Arizona

Approved for CLE Credits
1 Professional Responsibility/Ethics

California

Approved for CLE Credits
1 Elimination of Bias

Colorado

Pending CLE Approval
1 EDI

Connecticut

Approved for CLE Credits
1 Ethics / Professionalism

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 Enhanced Ethics

Florida

Approved via Attorney Submission
1 General

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 Ethics

Hawaii

Approved for CLE Credits
1.2 Ethics or Professional Responsibility Education

Iowa

Pending CLE Approval
1 Diversity & Inclusion

Idaho

Pending CLE Approval
1 Ethics / Professionalism

Illinois

Pending CLE Approval
1 Diversity & Inclusion

Indiana

Pending CLE Approval
1 Ethics

Kansas

Pending CLE Approval
1 Ethics / Professionalism

Kentucky

Pending CLE Approval
1 Ethics

Louisiana

Pending CLE Approval
1 Professionalism

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 Harassment Or Discriminatory 

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General

Missouri

Approved for CLE Credits
1.2 Elimination of Bias

Mississippi

Pending CLE Approval
1 Other (Professional Responsibilty)

Montana

Pending CLE Approval
1 Professional Fitness and Integrity

North Carolina

Pending CLE Approval
1 Professionalism

North Dakota

Approved for CLE Credits
1 Ethics

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 Professional Responsibility

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 Ethics / Professionalism

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 Diversity, Inclusion and Elimination of Bias

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 Equity in Justice (EIJ)

Nevada

Pending CLE Approval
1 Ethics / Professionalism

New York

Approved for CLE Credits
1.2 Diversity, Inclusion and Elimination of Bias

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Pending CLE Approval
1 Professional Conduct

Oklahoma

Pending CLE Approval
1 Ethics / Professionalism

Oregon

Pending CLE Approval
1 Access To Justice

Pennsylvania

Approved for CLE Credits
1 Ethics / Professionalism

Rhode Island

Pending CLE Approval
1 Ethics / Professionalism

South Carolina

Pending CLE Approval
1 Ethics / Professionalism

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Pending CLE Approval
1 Dual

Texas

Pending CLE Approval
1 Ethics / Professionalism

Utah

Pending CLE Approval
1 Professionalism & Civility

Virginia

Not Eligible
1 Ethics / Professionalism Hours

Vermont

Approved for CLE Credits
1 Diversity & Inclusion

Washington

Approved via Attorney Submission
1 Ethics, Equity & Inclusion

Receive CLE credit in Washignton via attorney submission.
Wisconsin

Pending CLE Approval
1 Law Practice Management

West Virginia

Pending CLE Approval
1.2 Ethics / Professionalism

Wyoming

Pending CLE Approval
1 Ethics / Professionalism

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