AI Discrimination Being Regulated by President Biden's New Executive Order

On October 30th, 2023, President Biden issued an Executive Order (EO) addressing discrimination caused by artificial intelligence (AI), amongst other topics. 

The White House announced this EO in seeking to prevent AI from leading to and deepening discrimination, bias, and other issues in justice, healthcare, and housing. 

Now, agencies will be empowered to combat algorithmic discrimination, while enforcing existing authorities to protect anti-discrimination rights and safety. 

In summary, the Executive Order: 

• Calls for clear guidelines to keep AI algorithms from being used to exacerbate discrimination by landlords, Federal benefits programs, and Federal contractors.
• Tackles algorithmic discrimination through training, technical assistance, and coordinates with the Department of Justice and Federal civil rights offices for best practices to investigate and prosecute AI civil rights violations.
• Ensures fairness throughout the criminal justice system by developing best practices for the use of AI in sentencing, parole and probation, pretrial release and detention, risk assessments, surveillance, crime forecasting and predictive policing, and forensic analysis.

The Biden Administration Blueprint for an AI Bill of Rights sets out steps those using AI can take to ensure fairness and equality. The steps include regularly checking for and addressing any biases in the design and use of AI systems, using diverse and representative data to avoid discrimination or unfair impacts, ensuring accessibility for people with disabilities during the design and development of AI systems, conducting tests to identify and address any disparities before and after the AI system is in use, providing clear oversight from organizations to ensure fairness, and conducting independent evaluations and sharing easy-to-understand reports, including test results and how any issues are being addressed, to ensure these protective measures are in place.

If companies fail to comply and use AI incorrectly to deepen discrimination and bias, this Executive Order will become the basis for discrimination lawsuits as a result of the incorrect use.

To learn more about the Executive Order click here. To read the Biden Administration Blueprint for an AI Bill of Rights click here. 

NYS Amends the Banking Law to Protect Home Buyers Against Unregistered and Unlicensed Mortgage Brokers

On October 25th, 2023 Governor Hochul signed A1153A to amend New York State's Banking Laws to protect against unregistered and unlicensed mortgage brokers. 

This amendment prohibits mortgage lenders from conducting business with any individual or entity which it knows or should have known is acting as a mortgage banker or a mortgage broker without being licensed or registered with New York State's Department of Financial Services (DFS). This amendment exempts entities who provide mezzanine mortgages.

This amendment also requires a mortgage banker, mortgage broker or entities who provide mezzanine mortgages to notify DFS of any mortgage banker or a mortgage broker acting without being licensed or registered.

If non-exempt unlicensed or unregistered mortgage banker or a mortgage broker engages in unauthorized activities after DFS issues a cease-and desist notice, then that non-exempt unlicensed or unregistered mortgage banker or a mortgage broker is liable for the actual damages equivalent to the amount of money paid to the person affected.

This amendment goes into effect November 7th, 2023, which is the 13th days after it became a law. Click here to read the law. 

 

NYS Amended the Education Law to Prohibit Corporal Punishment in Private Schools

On October 25th, 2023 Governor Hochul signed A05010 to amend New York State's education law to prohibit religious private school and non-religious private schools from using corporal punishment on students. This amendments is effective as of October 25th, 2023. 

The bill discusses how every two years, the US Department of Education asks every public school in the country to report on the number of students it has physically punished during the previous year. In an analysis of that data it was revealed that males, young persons of color and students diagnosed with a disability are significantly more likely to be the victims of this abuse by their teachers and school administrators.

If you are  male, person of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York within the last year, you may have a claim for discrimination under New York City Human Rights Law ("NYS Human Rights Law").  

If you are a male, person of color, or have been diagnosed with a disability and received corporal punishment at a private school in New York not within a year you may still have a national claim. 

For males who were enrolled in a religious private school in the last 3 years you may be able to submit gender discrimination claim under Title VI claim. However, Title VI does not include emotional distress damages.  

For persons of color who were enrolled in a private school in the last 4 years you may be able to bring a disparate treatment case, under 1981 and get emotional distress damages. You may also be able to submit a Title VI claim but this won't include emotional distress damages. 

For persons with a diagnosed disability who were enrolled in a private school in the last 3 years you may be able to bring a claim under the Americans with Disability Act and are not limited to non-emotional distress damages. 

If you are not a New York resident you still may have a national claim under Title VI, 1981, and/or Americans with Disability Act. Check your state's local laws to see if you potentially have a claim under state law. 

To read more about this amendment to the education law click here. 

NYS Protects Homeowners from Discrimination by Real Estate Appraisers in New Addition to the State's Human Rights Law

On October 25th, Governor Hochul signed A06833 adding additional protection to New York State's Human Rights Law making it clear that discrimination of any kind is unacceptable in New York. This addition is effective as of October 25th, 2023. 

This addition will protect Homeowners from being discriminated against by Real Estate Appraisers based on the Homeowner's protected characteristic, including race, creed, national origin, sex, age, disability, marital status, military status, family status, sexual orientation, or gender identity.  

With this addition the Department of State will be able to revoke, or suspend the license of a Real Estate Appraiser found to be in violation of the Human Rights Law. 

New York State felt this addition was necessary after it was revealed that Real Estate Appraisers in Illinois, California, Florida, and Connecticut had been found to lower appraised home values by up to 50% based on what the Appraisers find in the home including, cultural pieces, books written by people of color and family photos of people of color that were left out in plain view. 

New York State is making sure these discriminatory practice does not take place in New York and this addition to the Human Rights Law will discourage these discriminatory acts. 

If you were discriminated against by a Real Estate Appraisers in New York within the last 3 years, you may have a claim under New York State's Human Right Laws.  

To read more about this addition to New York State Human Rights Law, click here.   

Lieb at Law is Hiring: Litigation Associate For High Impact Cases!

Lieb at Law, P.C. is Hiring!

Role Overview: We are in search of a dynamic Associate Attorney with 1 to 3 years of litigation experience. If you are a passionate advocate who thrives in the spotlight of high-profile cases and is eager to tackle complex legal strategies, this position might be for you.

Responsibilities:

• Handle litigation in Plaintiff, Defense, and Appeals. Fields of practice include Civil Rights/Discrimination, Employment, Real Estate Litigation, Real Estate Brokerage, & Commercial Litigation.
• Draft pleadings, manage discovery, draft / oppose motions, ADR, administrative proceedings, prepare trials, and draft appeals.
• Collaborate effectively within a collegial team environment.

Requirements:

• JD
• Admitted to the New York State Bar (a plus, but will consider 2023 graduates who just passed the NY Bar)
• 1+ years of litigation experience, ideally within a private law firm context
• Proficiency in drafting compelling legal motions
• Skilled in legal research; experience with Westlaw is a plus
• Strong organizational, critical thinking, and persuasive communication skills, both written and verbal
• Familiarity with employment litigation, discrimination litigation, real estate litigation and commercial litigation will be advantageous

About Lieb at Law, P.C.: Our firm stands at the forefront of legal innovation, championing victims of discrimination and offering expertise in a variety of legal sectors. By merging advanced technology with a profound human touch, we ensure top-tier, cost-efficient representation. Our commitment to self-confidence, grit, and skill fuels our success, and we provide our team with cutting-edge tools for collaboration and research.

Our team not only litigates in the courtroom but we also contribute significantly to the broader legal community, with our managing partner serving as a media legal analyst and our attorneys teaching at various educational platforms. At Lieb at Law, P.C., we continually adapt to the evolving legal landscape, giving our clients the strategic edge they deserve.

Why Join Us? From the outset, brace yourself for an immersive experience, tackling challenging cases that not only test and refine your litigation skills but also have the potential to make headlines. The cases you'll work on here are more than just legal proceedings; they're opportunities to influence case law and drive policy changes for broader societal betterment. Our team is a harmonious blend of seasoned professionals, deeply committed to mentorship, where we ensure every member's growth. If you aspire to leave a lasting imprint in the legal arena and effect genuine change, Lieb at Law, P.C. is where your journey begins.

Resumes to careers@liebatlaw.com