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Regulatory Enforcement

EEOC v. iTutorGroup

SettledNot a class action

EEOC v. iTutorGroup, Inc., Shanghai Ping'An Intelligent Education Technology Co., Ltd., and Tutor Group Limited

Where it stands

Consent decree announced September 11, 2023 providing $365,000 in monetary relief plus five years of EEOC monitoring, anti-discrimination policy and training requirements, a prohibition on requesting applicants' dates of birth, and an obligation to notify and interview previously rejected applicants if U.S. hiring resumes.

Key ruling

The EEOC's first settlement of a lawsuit involving algorithmic/automated hiring discrimination — establishing that rule-based automated screening is treated as ordinary employer conduct under the ADEA, with no 'the software did it' defense.

Note on this record

Exact filing date within 2022 not verified. The screening logic here was hard-coded rules rather than a machine-learning model, so it is an automated-decision case more than a true 'AI' case.

The record

Court
U.S. District Court for the Eastern District of New York
Case number
1:22-cv-02565
Filed
2022
Defendants
iTutorGroup, Inc. · Shanghai Ping'An Intelligent Education Technology Co., Ltd. · Tutor Group Limited
Plaintiffs
Not a class action — EEOC enforcement action on behalf of more than 200 U.S.-based tutor applicants automatically rejected on the basis of age
Technology at issue
iTutorGroup's online tutor application software, programmed to automatically reject female applicants aged 55 or older and male applicants aged 60 or older
Relief sought
Monetary relief for rejected applicants and injunctive relief under the ADEA and Title VII.
Settlement
$365,000
Counsel of record
U.S. Equal Employment Opportunity Commission

Claims pleaded

Sources (2)

This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.

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