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AI Hiring Discrimination Lawsuits are legal claims brought by job applicants, employees, advocacy organizations, or government enforcement agencies that allege a hiring-related decision (e.g., screening, ranking, testing, interviewing, or selection) produced or was driven by an artificial-intelligence or algorithmic system that unlawfully discriminated against people on the basis of protected characteristics (race, sex, age, disability, national origin, etc.).
These claims typically assert violations of existing civil-rights and employment statutes (e.g., U.S. civil rights laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA)by showing either intentional disparate treatment or a disparate-impact (neutral practices that disproportionately harm protected groups) caused or amplified by an AI tool.
See Topic Brief: AI Hiring Discrimination Lawsuits | Learn & Work Ecosystem Library
See Glossary Term: AI Hiring Discrimination, Lawsuits & Accountability | Learn & Work Ecosystem Library
Refers to the emerging legal, ethical, and regulatory actions addressing the use of artificial intelligence (AI) in employment screening and selection processes that result in bias or disparate impact against protected groups. These cases test how longstanding civil rights laws—such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA)—apply to automated hiring tools.
As employers increasingly rely on AI to process massive volumes of applications, job seekers have begun challenging algorithmic systems they believe discriminate based on race, gender, age, or disability. Notable cases include 2024–2025 filings against vendors such as Aon, HireVue, and Intuit, alleging biased or inaccessible AI tools. Federal agencies including the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC) have asserted that both employers and technology vendors can be held liable for discriminatory AI outcomes.
These developments mark a new phase in employment law where accountability extends beyond human decision-makers to the digital systems they deploy. The movement underscores the importance of explainable AI, regular bias audits, and transparent vendor oversight to prevent automated discrimination at scale.
See Glossary Term: Explainable AI | Learn & Work Ecosystem Library
See Topic Brief: AI Hiring Discrimination Lawsuits | Learn & Work Ecosystem Library
Compensation and pay transparency refer to organizational and policy practices that make information about employee compensation—such as pay ranges, benefits, and total rewards—visible and accessible to workers and job seekers. These practices aim to promote fairness, reduce wage gaps, and enhance trust in workplace practices.
Pay transparency refers to the practice of openly sharing information about employee compensation, often including salaries, wage ranges, benefits, and sometimes bonus structures. This can occur at different levels—from posting salary ranges in job descriptions to making all employee pay public within an organization. The purpose of pay transparency is to promote fairness and equity in pay, reduce wage gaps (e.g., gender or racial disparities), increase trust and clarity in hiring and promotion practices, and help employees better understand how compensation decisions are made. While pay transparency can improve trust and retention, it also requires careful communication and consistent pay practices to prevent misunderstandings or employee dissatisfaction.
A related term (a subset of pay transparency) is compensation transparency which is generally considered an alternate term for pay transparency but can carry a slightly broader meaning. Pay transparency usually focuses on wages and salary ranges, sometimes including bonuses or commissions. Compensation transparency typically encompasses the entire compensation package—salary or wages plus benefits, incentives, retirement contributions, stock options, allowances, and other perks. An employer practicing full compensation transparency would disclose not only what people earn in base pay, but also the monetary value of the total rewards package. The purpose of compensation transparency is to provide employees with a holistic understanding of their total compensation package, support informed career and financial decisions, and encourage alignment between compensation philosophy and organizational values.
There are no federal laws mandating pay or compensation transparency. However, a growing number of state and local jurisdictions have enacted laws primarily focused on pay transparency, requiring employers to disclose salary ranges in job postings or upon request, and in many cases prohibiting questions about salary history. Examples of state laws in effect include:
The federal Workforce Innovation and Opportunity Act (WIOA) defines competitive integrated employment (CIE) as work performed on a full- or part-time basis for which an individual with disabilities is:
The Office of Employment Disability Policy (ODEP) operates the CIE Transformation Hub to collect resources across the federal government that are working to increase the participation of people with disabilities in CIE, such as:
ODEP resources provide guidance, policy information, and evidence-based best practices used by people with disabilities and their families, employers, employment service providers, and state agencies. Since 2012, ODEP has provided technical assistance on aligning state policies across multiple service systems.
An initiative working toward a nationally recognized transferrable incremental credentialing system that increases the number of high-quality, post-high school credentials that lead to further education and employment. The system captures and verifies learning that is currently uncounted, enabling individuals to be recognized for what they know and can do as they acquire it; provides pathways for learners to continue their education, increasing their ability to gain higher credentials and better employment.
Refers to efforts within the philanthropic sector to promote inclusion, rights, and justice for people with disabilities.
Examples of direct service organizations:
Examples of foundations that support disability-related initiatives through grants:
The Equal Employment Opportunity Commission (EEOC) is a U.S. government agency that enforces laws against workplace discrimination. It makes sure that people are treated fairly at work, regardless of their race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC investigates complaints, helps resolve disputes, and provides guidance to employers and employees about their rights and responsibilities under federal anti-discrimination laws.
A set of processes and methods that allows human users to comprehend and trust the results and outputs created by the machine learning algorithms of AI systems. Instead of simply producing a score or recommendation, explainable AI shows which factors the algorithm considered and how much weight each factor received.
Many AI hiring tools operate as “black boxes,” making it difficult to determine why a candidate was selected or rejected. Explainable AI mitigates this problem by offering visibility into how the model functions, allowing employers to identify potential sources of discrimination and to demonstrate accountability in hiring practices. This interpretability enables users—such as employers, regulators, and job applicants—to comprehend, trust, and audit algorithmic outcomes. This is critical for ensuring fairness, detecting bias, maintaining compliance with anti-discrimination laws, and ensuring transparency and accountability. A growing concern is that many employers purchase AI systems from vendors without fully understanding how those systems function. This lack of insight can lead to unintended legal and ethical consequences when algorithmic decisions replicate or amplify bias.
See: AI Hiring Discrimination, Lawsuits & Accountability | Learn & Work Ecosystem Library
Fair chance hiring is designed to give people with some type of criminal record greater employment opportunities.
A fair chance employer bases employment decisions on the applicants’ qualifications rather than their criminal records, and (1) does not include questions about arrests or convictions on its application, (2) does not inquire about criminal convictions before extending a conditional offer of employment, and (3) while can still consider criminal convictions, must first individually assess the conviction as it directly relates to the job position plus how much time has passed since the conviction. If the employer decides against hiring the applicant, it must complete an adverse action process required under the Fair Credit Reporting Act (FCRA). The process includes sending a pre-adverse action notice to the applicant and identifying the conviction that makes the employer want to deny employment. This process includes a copy of the background check report and gives the applicant five days to challenge the information or present mitigating evidence. The employer sends a final adverse action notice to the applicant if making a final decision not to hire the applicant and provides a copy of their rights under the FCRA and state laws.
As of January 2025, 37 states and 150 municipalities and counties in the U.S. had enacted fair chance or ban-the-box laws. (Ban the Box laws are aimed at removing the check box that asks applicants about their potential criminal record from employer hiring applications.)
Related Federal laws:
A growing threat facing companies globally are jobseekers who are not who they say they are, using AI tools to fabricate photo IDs, generate employment histories, and provide answers during interviews. An imposter candidate who is hired can install malware to demand a ransom from a company, or steal its customer data, trade secrets, or funds. Estimates are that by 2028 globally, the rise of AI-generated profiles will result in 1 in 4 fake job candidates. Some companies report seeing individuals using fake identities, fake faces, and fake voices to secure employment, even going so far as doing a face swap with another individual who shows up for the job.
To address this problem, there is an emerging industry of identity-verification companies to weed out fake candidates.
A standardized occupational classification used by the United States federal government to organize federal civilian positions into occupational categories based on the nature of the work performed, the qualifications required, and the responsibilities associated with the role. Each job series is identified by a four-digit numeric code (e.g., 0343 for Management and Program Analysis, 2210 for Information Technology Management) and is maintained by the U.S. Office of Personnel Management (OPM).
Federal job series support workforce management and personnel administration across federal agencies. They help classify positions consistently government-wide, establish qualification requirements, align pay structures within the General Schedule (GS) and other federal pay systems, guide hiring and promotion processes, and support workforce planning, reporting, and data analysis.
Job series descriptions typically include occupational coverage, distinguishing characteristics, and minimum qualification standards such as required education, specialized experience, or certifications.
OPM currently maintains more than 400 job series, organized into approximately two dozen broader occupational groups or job families such as:
Job series and related qualification standards are updated periodically to reflect evolving workforce needs, occupational practices, and federal policy priorities.
Federal job series are part of a broader occupational classification ecosystem and are often used alongside related frameworks such as OPM job grading and qualification standards. Comparable classification systems exist outside federal employment. For example, the Occupational Information Network (O*NET) provides a national database describing work activities, skills, knowledge, and competencies across occupations in the U.S. economy, while the Standard Occupational Classification (SOC) system is used for federal labor market data reporting. These systems can be cross-referenced with federal job series to support workforce analysis, career navigation, and translation of skills between federal and non-federal employment sectors.
As described by U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor Veterans’ Employment and Training Service (VETS), U.S. Department of Justice Civil Rights Division (CRT), and U.S. Equal Employment Opportunity Commission (EEOC), multiple laws prohibit employment discrimination against applicants and employees:
Employers are prohibited from retaliating against for asserting their rights under these laws or otherwise participating in protected activity (e.g., filing a complaint or participating in an investigation).
For military protections see: Federal Laws Prohibiting Discrimination in Employment based on Service Member or Veteran Status | Learn & Work Ecosystem Library (learnworkecosystemlibrary.com)
As described by U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor Veterans’ Employment and Training Service (VETS), U.S. Department of Justice Civil Rights Division (CRT), and U.S. Equal Employment Opportunity Commission (EEOC), two federal laws prohibit discrimination in employment based on status as a service member or veteran:
Additional laws prohibit employment discrimination against applicants and employees for other reasons veterans and service members may face:
Employers are prohibited from retaliating against for asserting their rights under these laws or otherwise participating in protected activity (e.g., filing a complaint or participating in an investigation).
Under the Workforce Innovation and Opportunity Act (WIOA), an incumbent worker is an individual who is already employed by the same employer, has an established employer–employee relationship, and has worked for that employer for at least 6 months (with some exceptions for training cohorts).
Incumbent worker training refers to training designed to help retain or advance existing employees by improving their skills, often to prevent layoffs or support promotions. They may or may not be eligible for other adult or dislocated worker programs, unless they also participate in those.
Refers to a movement that has gained popularity recently, in which universities by policy do not comment on current affairs that do not affect their direct interests. The genesis of institutional neutrality is credited to a 1967 University of Chicago report, which posited that institutions must remain neutral to be a home to a diversity of views. The premise of this approach is that institutions could undermine their commitment to open inquiry by suggesting that those who disagree are unwelcome, and that would-be dissenters believe voicing disagreement could jeopardize college admission, grades, or advancement.
While decisions about institutional neutrality are often up to university administrations (e.g., presidents and chancellors), state lawmakers are increasingly mandating such policies. In 2024, seven state legislatures introduced bills to require institutional neutrality. Three of those became laws, in Indiana, Iowa and Utah.
There are also questions raised about the role of institution’s department heads and faculty in commenting on current affairs, even if their campus administrations do not (or cannot). This is generally viewed as a free speech issue: department heads and faculty can speak as individuals but not represent the official views of the institution.
Many disagree with policies of institutional neutrality, based on the belief that this could be an abdication of leadership.
Institutional neutrality policies may differ for institutions with unique missions, such as service academies or religiously affiliated universities.
Also known as key person insurance, refers to a life insurance policy that a business takes out on a key employee or executive whose loss would significantly impact the company’s operations or financial stability. The company pays the premiums and is the beneficiary of the policy. This type of insurance is designed to offset losses related to the death or disability of a key contributor, fund recruitment or transition plans, and/or reassure investors and lenders.
Comprehensive digital records of an individual’s skills, competencies, credentials, and employment history that may be able to show a complete picture of an individual’s education and work experiences. They have the potential to highlight verified skills, reduce hiring biases, and match people to employment opportunities. A LER can document learning wherever it occurs.
Classification of protected categories for individuals with military service include:
As defined by CredLens, refers to an entity with a defined legal and technical framework for managing and governing data on behalf of a group or community, with a focus on national or large-scale public interest data. The trust acts as a steward of the data, often with the goal of enhancing transparency, fostering innovation and supporting public good initiatives while ensuring compliance with privacy laws and regulations.
An acronym used by governments that stands for young people (typically ages 15 – 24) who are “Not in Education, Employment, or Training.” Individuals categorized as NEET by governments are commonly unemployed, not enrolled in an education or vocational training program, not engaged in housework, and not seeking work. The term is used to describe young people in order to exclude people in the retirement category (an older-age group).
The term emerged in the late 1990s in the United Kingdom and is now widely used among many countries including the United States.
Related Terms linked to unemployment: anti-unemployment, displaced, frictional unemployment, idle (not active or working)
Refers to the emerging realities and implications of significantly longer human life spans, driven by advances in healthcare, technology, and quality of life. It encompasses the social, economic, and personal transformations that result from people living well into their 80s, 90s, and beyond.
This concept challenges traditional models of life stages—such as fixed periods for education, work, and retirement—and prompts rethinking how society supports individuals across a longer life course. The new longevity influences workforce participation, lifelong learning, caregiving structures, retirement planning, and health system design.
Key elements of new longevity:
Related Terms: Lifelong Learning, Age-Friendly Universities, Multigenerational Workforce, Longevity Economy, Healthspan, Second Careers
An individual who is starting employment — either entering the workforce for the first time, changing employers, or starting a new role. They do not yet have the established employment history required for “incumbent worker” status. New workers are typically targeted for programs aimed at job placement, entry-level training, or career development.
The key differences between new workers and incumbent workers:
Opportunity populations refer to people in America who have had limited access to educational and professional opportunities and who face barriers to employment and career advancement. They may include: opportunity youth: young adults age 17–24 who are out of school or out of work; members of the LGBTQ community; members of the immigrant or refugee populations; formerly incarcerated individuals; members of Indigenous communities; people with disabilities (physical and/or cognitive); people without a high school diploma; people with limited English proficiency; people who are (or who have been) homeless. Not all members of these groups experience barriers to employment; individual circumstances including family background, race, geography, and other factors play a significant role in one’s access to opportunity.
Refers to the practice of hiring individuals with a criminal record (arrest or conviction records). Second chance programs provide employment opportunities to individuals with a criminal record, supporting their reentry into the workforce, upward mobility once employed, and improving equity in employment.
Alternate terms: Second chance hiring, second chance programs
Programs designed to prepare workers for a particular industry or sector in demand by employers. Sectors commonly served by sector-oriented training programs include healthcare, information technology, manufacturing, and transportation. These programs typically:
Examples:
The WorkAdvance Model – Towards Employment includes sector-specific recruitment and screening; career readiness training, work experience and career planning; wraparound supports, in-house legal services; in-demand technical training; job placement; and post-employment coaching for advancement. These are components critical to individuals’ success and long-term increased wages in different industry sectors.
The Wisconsin Regional Training Partnership (WRTP) was created in the 1990s to renew Milwaukee’s traditional industrial base after the recovery of manufacturing, retirement of an aging workforce, and diversification of the regional economy created a growing skills shortage. Since combining with the Building Industry Group Skilled Trades Employment Program (BIG STEP) to form WRTP | BIG STEP, the entity is a 501(c)3 nonprofit workforce intermediary dedicated to connecting people to family-sustaining jobs. Its sectoral employment program provides training of 2-8 weeks, along with case management and job placement assistance. Results have been increased earnings by employers following participation in the training program.
STW are individuals who use science, technology, engineering, and mathematics (STEM) knowledge and skills in their jobs. These workers typically have educational attainment levels such as high school diploma, some college, or associate’s degree.
STW employment is concentrated in three industry sectors: construction, manufacturing, and medical industries. These industry groups account for some 60% of STW employment. STW employment intensity, defined by an industry’s STW employment as a proportion of its total employment, is highest in construction, mining, quarrying, oil and gas extraction, and utilities.
Refers to a collection of materials that are typically segregated from a general library collection according to form, subject, source, value, etc. Although the Learn & Work Ecosystem Library is itself a specialized collection of information resources pertinent to the learn-and-work ecosystem, smaller subsets of information (sub-collections) are also available at the Library to serve particularized information interests of stakeholder groups; for example, alliances of organizations interested in resources on a particular topic such as Learning and Employment Records (LERs). The Library includes these sub-collections in its Special Projects section.
Tenure is a form of long-term employment status or appointment that provides employees with enhanced job security, procedural protections, and in some cases formal safeguards against dismissal, typically after a probationary period or initial performance evaluation. Tenure is most widely recognized in higher education, but it also applies in other professional and governmental contexts and exists in various forms internationally. Across the learn-and-work sectors and nations, tenure or tenure-like arrangements are commonly used to protect employees from arbitrary or politically influenced dismissal; support professional independence and accountability; and provide long-term employment stability and career development opportunities.
In U.S. higher education, tenure is a longstanding employment system for faculty that provides an ongoing academic appointment following a probationary period of approximately 5-7 years; includes procedural protections for dismissal, demotion, or adverse employment actions; and supports academic freedom, enabling faculty to pursue teaching, research, and scholarship without undue interference.
Tenure originated in the U.S. 1915 with guidance from the American Association of University Professors (AAUP) in response to dismissals of faculty for ideological, political, or religious reasons. While tenure provides substantial employment protections, faculty may still be dismissed for cause, financial exigency, or program discontinuation, subject to institutional review processes.
Many institutions require periodic post-tenure review, which assesses ongoing performance in teaching, research, service, and professional development. These reviews typically focus on ensuring continued faculty contribution and supporting professional growth rather than routine re-evaluation for tenure removal.
In the 2020s, several U.S. states enacted or considered legislation affecting tenure at public colleges and universities, often focusing on accountability, productivity, and performance review. The following examples illustrate varied approaches to post-tenure review, performance evaluation, and administrative oversight across states. While most U.S. institutions maintain tenure protections, the scope and mechanisms continue to evolve.
Outside higher education, tenure generally refers to long-term employment or contractual stability, often with procedural safeguards or seniority-based protections. In these settings, tenure generally conveys employment stability, procedural protections, or rights based on seniority, though it is usually less formalized than in higher education. Common contexts include:
Internationally, tenure is primarily a mechanism to ensure employment stability and professional autonomy. Its structure, terminology, and protections vary widely. Examples include:
Refers to legislation allowing all students in a state, regardless of immigration status, to access in-state tuition at public colleges and universities, and state financial aid at both public and private institutions. These laws recognize the pivotal role colleges and universities can play in advancing policy change locally, as well as implementing legislation to ensure the safety and support of DACA, undocumented, refugee, international, and other immigrant-origin students and staff. Nearly half the states in America have some kind of tuition equity law. A report by the Presidents’ Alliance on Higher Education and Immigration partnered with the Migration Policy Institute (MPI) and the American Immigration Council (AIC) found that immigrant-origin students account for nearly one-third of all domestic students in U.S. higher education. The Higher Ed Immigration Portal offers comprehensive guides and resources at the federal and state levels.
Refers to employment that is not classified as traditional employment, such as full- or part-time jobs. This can include:
Services that assist individuals with disabilities to achieve employment. Common services provided by VR service organizations include:
Refers to AI-generated audio, video, images, or digital identities used to impersonate employees, job applicants, executives, customers, or other individuals within employment and workforce settings. These synthetic media can be used for legitimate purposes such as training simulations or accessibility, but they are more commonly discussed in relation to fraud, cybersecurity threats, identity theft, hiring deception, financial scams, and workplace misinformation.
Examples include:
As generative AI becomes more sophisticated, organizations are adopting stronger identity verification, authentication procedures, cybersecurity training, and governance policies to detect and reduce the risks associated with workforce deepfakes.