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 “AI Guidance About-Face Shouldn't Alter Employers' Approach,” by Anne Cullen. (Read the full version – subscription required.)

Following is an excerpt:

The U.S. Equal Employment Opportunity Commission and U.S. Department of Labor recently scuttled online resources advising employers on how to curb the risk of workplace discrimination when they use artificial intelligence tools, but experts said that doesn’t mean companies should change their game plans. …

Epstein Becker Green employment partner Adam S. Forman, who frequently advises businesses on AI in the workplace, said the new administration's deregulatory approach "is only going to add more emphasis, and perhaps even urgency, at the state and local level to regulate the use of workplace AI in those jurisdictions."

"If the federal government does not implement a comprehensive law or regulation for workplace AI tools, I think we're going to see states pick up the pace to fill the gap," Forman said.

Forman said it's a good idea for employers to continue to look to the withdrawn guidance to stay in line with federal and state law.

"They still have value, but the value is more towards ensuring you're complying with existing laws," he said. "And it'll be a good head start, if not getting there all the way, to comply with new laws that are being considered currently."

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.