On Aug. 9, 2023, a tutoring company agreed to pay $365,000 to settle an artificial intelligence (AI) lawsuit with the Equal Employment Opportunity Commission (EEOC). The settlement comes on the heels of multiple EEOC warnings to employers about potential discrimination associated with the use of AI for hiring and workplace decisions.

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Tags: Artificial Intelligence, EEOC, GT Insight, Labor & Employment, Workplace
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Photo of Lily M. McNulty Lily M. McNulty

Lily is a trusted advisor to companies of all sizes in the areas of employment law and labor relations. She provides practical advice, with a deep knowledge of federal, state, and local employment laws. If there is a new employment law, trend, or

…

Lily is a trusted advisor to companies of all sizes in the areas of employment law and labor relations. She provides practical advice, with a deep knowledge of federal, state, and local employment laws. If there is a new employment law, trend, or legal development, Lily knows about it and has a grasp on what companies are doing to stay competitive and compliant. Clients value her knowledge of employment laws and commitment to their business goals, improving employee relations, and minimizing legal risk.

Counseling: Lily provides strategic advice on virtually all employment matters. She guides employers on how to handle sticky situations with employees while keeping business needs and risk-mitigation at the forefront. Lily is a go-to point of contact for advice surrounding new and emerging laws, improving employee relations, gender and LGTBQ+ inclusivity, parental leave, pay transparency, biometrics, the interplay of employment with data privacy laws, wage and hour laws, background checks, drug and alcohol tests, reasonable accommodations, leaves of absence, sick leave, and more.

Policies & Procedures: Lily works closely with clients to draft and implement human resources policies and handbooks. Her handbooks do not read like they are written by a lawyer, and they are not “off the shelf”. They are reflective of the company’s operating reality and culture, tailored to each business, and they are written to solidify the company’s benefits and expectations of employees. Knowing what is written in an employee-facing policy is not enough if it is not followed in practice, Lily also partners with clients to create engaging and user-friendly guides and procedures for employees, management, HR, and legal teams. This full-picture approach is designed to foster positive employee relations and create a strong compliance foundation.

Agreements & Corporate Deals. Lily is also a go-to source for creating employment documents of all types. To name a few: offer letters, employment agreements, arbitration agreements, non-solicits, non-competes, confidential information agreements, IP protection agreements, independent contractor agreements, commission and bonus agreements, and severance packages. Her agreements are clear, concise, and comprehensive. She also works on corporate transactions, with a particular eye toward proactive actions to set companies up for post-acquisition success with employees.

Engaging Trainings: Lily regularly conducts workforce trainings related to new and emerging employment trends, inclusive workplaces, LGBTQ individuals in the workplace, gender inequities, managing and disciplining employees, conducting investigations and background checks, complying with wage and hour laws, and providing accommodations and leaves of absence. She also provides practical, relatable, and engaging trainings about maintaining discrimination and harassment-free workplaces that not only comply with employment laws but also build positive workplace cultures and brands.

Investigations: When allegations of discrimination, harassment, retaliation, or unfair treatment arise, clients often call upon Lily to conduct investigations and resolve employee complaints. Lily handles investigations of all sizes and volumes.

Labor Relations: When a union or threat of a union is involved, Lily advises employers on a wide spectrum of labor relations matters, including handling employee grievances, managing employee performance, and responding to union organizing campaigns. She also has experience negotiating collective bargaining agreements, represents employers in labor arbitrations, and defending National Labor Relations Board (NLRB) charges.

Charge and Litigation Experience: When clients are involved in litigation, Lily represents clients against charges of discrimination filed at the Equal Employment Opportunity Commission (EEOC) and state agencies, and against wage claims filed at the Department of Labor (DOL). She has obtained many dismissals on behalf of her clients. In addition, Lily has experience representing employers in state and federal lawsuits (both single plaintiff and class and collective actions) involving allegations of discrimination, harassment, retaliation, wage and hour violations, and Fair Credit Reporting Act (FCRA) violations. She calls on this experience when counseling clients.

Lily co-chairs the Greenberg Traurig Women’s Initiative (GTWI) in the Arizona office, serves as a mentor, and presents regularly on employment best practices.

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