AI & The Law

Hello, and welcome to LegalEase. Today’s topic is about Artificial Intelligence (AI) and the Law. As many of you know, the federal government is playing catch-up to AI, trying to implement laws to regulate the technology. How does AI apply to the workplace? Employers can use AI in many ways, including for hiring, firing, measuring productivity and performance, disciplining employees, and there is more to come. The government wants to ensure that AI technology complies with federal employment laws. In fact, the EEOC recently issued a technical bulletin to announce that it is the duty of employers to maintain compliance with federal laws. This means that employers cannot rely on AI software to regulate the workforce. As an example, if an employer uses AI technology to hire new employees, the employer is responsible for knowing whether the AI technology or algorithm complies with Title VII. In other words, does the algorithm discriminate against individuals based on race, color, sex, national origin, gender, disability? Employers would typically want to rely on information provided by the software vendor. However, the EEOC has stated that employers have the burden of oversight, not the developer. What does this mean for employers? Employers must maintain regular oversight. Once the AI tool identifies applicants, the employer should make sure that the resulting decision complies with federal employment laws. A human being is still necessary! A human must regulate the technology. Employers can use technology to help make natters easier, but a human must regulate it. One issue the EEOC has not resolved involves how to regulate the algorithm. How do employers know if the algorithm is discriminatory from the beginning?  If you have any questions, please give us a call.  The technical bulletin can be reviewed here: Thank you for joining LegalEase.