Adam S. Forman and Nathaniel M. Glasser, Members of the Firm in the Employment, Labor & Workforce Management practice, co-authored an article in Reuters Practical Law The Journal, titled “Implementing Workplace AI Tools.”

Following is an excerpt:

As businesses across industries continue to adopt and invest in workplace AI tools, they must conduct thorough assessments before using those tools to make employment decisions … This article identifies key issues for employers to consider and questions to ask of AI vendors. It is designed for use by private sector employers with their non-unionized workforce. Although this article is jurisdiction neutral, it will be useful to employers in all states, including those subject to jurisdiction-specific requirements, such as New York City’s Automated Employment Decision Tool law. …

Assess Best Use Cases for Your Company

  • Determine the areas in which your company may most benefit from workplace AI, such as:
    • hiring and onboarding new employees, aided by assistive chatbots;
    • recruiting and sourcing candidates;
    • screening resumes;
    • conducting interviews;
    • testing candidates’ aptitude and cognitive ability;
    • planning employee career paths;
    • succession planning;
    • monitoring employee productivity; and
    • improving employee productivity using generative AI, such as ChatGPT.
  • Evaluate the company’s risk tolerance regarding the use and promotion of new technologies.
  • Determine the company’s budget for adopting and implementing workplace AI in a compliant manner.

Conduct an Internal Workplace AI Audit

  • Identify the workplace technologies, including AI tools, your company is already using to aid in any decision impacting employees’ working conditions.
  • Determine whether the company’s workplace technologies:
    • meet the current needs, in whole or in part, of the business;
    • are job related and consistent with business necessity; and
    • are compliant with any applicable federal, state, and local laws and regulations.
  • Consult with the business and end users to determine whether and to what extent the company’s workplace tools have been subject to internal or external auditing.
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