For employers deploying artificial intelligence in hiring, performance management, and personnel decisions, the intersection of compliance risk and operational opportunity is shifting rapidly.
As AI tools proliferate across recruiting platforms, monitoring systems, and decisioning engines, employers face exposure to discrimination liability and regulatory enforcement without a clear operational playbook for vetting and implementing these systems responsibly.
In a recent article by Super Lawyers, the publication examined how employers are navigating workplace AI adoption. Adam S. Forman, Member of the Firm at Epstein Becker Green and counsel to employers on artificial intelligence in the workplace, employment compliance, and labor and employment litigation, discussed both the compliance landscape and the practical strategies employers must adopt to use AI tools safely and legally.
Forman emphasized that the pace of AI advancement has collapsed the time employers have to understand implications before deployment. As companies move from pilot programs to enterprise-wide use, the legal risks span multiple statutes—from Title VII of the Civil Rights Act to state-specific AI regulations—and the compliance posture must shift accordingly. Forman's approach centers on proactive risk assessment before implementation, not remediation after harm occurs.
"We work with several experts to perform adverse impact analysis and we help to ensure that the products our clients are using do not have unlawful disparate impact or disparate treatment," Forman said, citing the use of AI for hiring and promotions. "If we view the technology as a complementary tool as opposed to a flat-out replacement for all human endeavors, I think it's going to be a net positive."
Get in Touch
To discuss how to evaluate AI hiring and workforce management tools for compliance risk and implement them responsibly, contact Adam S. Forman at aforman@ebglaw.com.
