Adam S. Forman, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Detroit and Chicago offices, was quoted in Law360 Employment Authority, in “Attys Expect EEOC Suits Over AI, Sex Bias in 2023's 2nd Half,” by Amanda Ottaway. (Read the full version – subscription required.)

Following is an excerpt:

Looking at what the U.S. Equal Employment Opportunity Commission did during the first six months of its fiscal year — which began Oct. 1 — has employment lawyers predicting that the agency will file suits taking aim at artificial intelligence and applying the U.S. Supreme Court's landmark LGBTQ rights decision in the latter half of 2023.

The federal employment discrimination watchdog has been gathering data and partnering with other agencies on the topic of artificial intelligence, and experts expect to see that focus yield lawsuits. The EEOC has also brought noteworthy suits on behalf of employees who faced discrimination because of their gender identity or sexual orientation, as well as a quartet of age bias suits, lawyers said. …

AI Litigation in the Forecast …

In its draft strategic enforcement plan for the years 2023 through 2027 — a document in which the agency identifies its priority areas — the commission repeatedly highlighted employers' rising use of automated systems, like artificial intelligence or machine learning, as a pathway for bias that needs federal attention.

And on April 25, the agency joined a trio of others vowing to use existing laws to protect the public from discrimination and other fallout from the use of automated systems and artificial intelligence. …

Adam Forman, an Epstein Becker Green member who represents both AI vendors and employers, said they want to get it right and need more guidance.

"There seems to be a wide range of views when it comes to the local regulation … And while these companies may not necessarily agree with the disparate views, having something that is, you know, implemented and that everyone understands, at least gives a target, you know, as opposed to a moving target," he said.

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