Human Resources Updates
July 26, 2023
Welcome to our HR Spotlight, where we shine a light on three significant workplace updates: Religious Accommodations, ADA and AI, and Temporary Flexibility for Form I-9. As the workforce continues to evolve, it’s essential for HR professionals and employers to stay informed and adapt their practices to meet the needs of a diverse and ever-changing workforce. In this spotlight, we’ll explore the key aspects of each topic and provide insights on how to create an inclusive and compliant workplace environment.
The Supreme Court recently increased the threshold for denying religious accommodations under Title VII of the 1964 Civil Rights Act, changing the undue hardship analysis from that of a more than “de minimis” cost to “ “substantial increased costs in relation to the conduct of its business.” The court also specifically reinforced previous Equal Employment Opportunity Commission (EEOC) guidance that temporary costs, voluntary shift switching or swapping, or administrative costs does not constitute an undue burden. (Groff v. DeJoy).
ADA AND AI.
In May, the EEOC issued guidance on Artificial Intelligence and compliance with the Americans with Disabilities Act (ADA). Specifically, employers may be held liable for ADA violations if their use of AI results in screening out of applicants who can perform the position with a reasonable accommodation or if it fails to consider an accommodation request. Third party representations that software complies with Title VII will not necessarily protect employers and as such ongoing disparate impact self-analyses are advisable. (EEOC “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” https://www.eeoc.gov/select-issues-assessing-adverse-impact-software-algorithms-and-artificial-intelligence-used)
COVID-19 TEMPORARY FLEXABILITIES FOR FORM I-9.
Remote verification flexibility for Form I-9 ends July 30. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023. Employers have additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. https://www.uscis.gov/i-9-central/form-i-9-examples-related-to-temporary-covid-19-policies