Nathaniel Glasser, Member of the Firm, moderates a panel discussion, “Background Checking the BOT: Balancing Equity and Efficiency Using AI in Employment Processes,” at the National Conference on Equal Employment Opportunity Law, hosted by the ABA Section of Labor and Employment Law. The conference runs from March 28 to 31.
Artificial Intelligence (AI) and apps marketed to HR departments continue to increase, but limited regulatory safeguards, inconsistent definitions of what constitutes AI, and varying approaches to privacy make for a complicated workplace environment. The use of AI raises employment law issues including unconscious bias, disparate impact, privacy and the future of work. Some states and cities are now beginning the difficult task of regulating this market, but the challenges are significant. In May 2022, EEOC issued its first AI guidance ever, focused on AI apps which could pose a risk to applicants with disabilities, and may be contemplating further guidance. Employers must evaluate when and how to scale employment processes that use AI. Employees demand to know how their employment information will be protected and used. Applicants want to know if they are being evaluated fairly. The panel will explore the state of regulation/ guidance issuing from the states and potentially the federal government, will delve into other areas of AI use in employment beyond hiring and explore how other countries are surging ahead of the US in regulating these new technologies.
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