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ADDINGTON'S AXIOMS
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Digital Twins at Work: The Next Employee Data Problem for Employers
Digital twins may become one of the next major workplace AI issues. The term can mean different things depending on the technology, but in the employment context, the concern is easy to understand. An employer may use an employee's emails, chats, documents, meeting transcripts, recorded calls, workflow history, customer interactions, and decision-making patterns to create an AI tool that mimics that employee's knowledge, style, judgment, or role. For employers, the business c
Mark Addington
Jul 28 min read


Retaliation Claims: Why Timing Is Only Part of the Story
When most employers think about employment discrimination claims, they think about race, sex, age, or disability discrimination. The data tell a different story. For the seventeenth consecutive year, retaliation was the most frequently alleged basis in Charges of Discrimination filed with the Equal Employment Opportunity Commission ("EEOC"), exceeding race discrimination, sex discrimination, disability discrimination, and every other protected category. More than 91,000 Charg
Mark Addington
Jun 294 min read


DOJ Opinion Challenges Longstanding Disparate Impact Theory Under Title VII
The U.S. Department of Justice's Office of Legal Counsel (OLC) recently issued an opinion that could have significant implications for employment discrimination enforcement under Title VII of the Civil Rights Act of 1964. The June 9, 2026 opinion concludes that certain applications of disparate impact liability may be unconstitutional because they effectively pressure employers to make race-conscious employment decisions in order to avoid liability. While the opinion does not
Mark Addington
Jun 113 min read


Congress's Great American AI Act Signals Increased Scrutiny of Workplace AI
Artificial intelligence is rapidly transforming the workplace. Employers increasingly rely on AI-powered tools to screen applicants, evaluate employee performance, forecast staffing needs, and assist with workforce planning decisions. A newly released congressional proposal suggests that federal lawmakers are closely monitoring how these technologies affect employees and employment decisions. On June 4, 2026, Representatives Jay Obernolte (R-CA) and Lori Trahan (D-MA) release
Mark Addington
Jun 95 min read


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