Virtually everyone seems to be exploring the potential untapped developments artificial intelligence technology may offer.
Just last week, the Bipartisan Senate AI Working Group released a road map and fact sheet, which, among other topics, recognizes the opportunities such technology could offer businesses and workers alike, but cautions that such advances also present potential for displacement of workers. To that end, the AI Working Group called for legislation to ensure that development and implementation of such technology have the input of the full spectrum of stakeholders, including unions and workers, and to provide for training, retraining, and upskilling of the workforce.
Additionally, earlier this week, the Equal Employment Opportunity Commission reminded employers that it remains focused on potential discriminatory impacts AI might have in the workplace. It took to social media with a poster aimed at prompting employees to “[k]now your rights as an employee when it comes to artificial intelligence and your job,” highlighting potential employer misuse of AI in areas of employee monitoring, advancement, and hiring.
While not a case brought by the EEOC (although it did file a “friend-of-the-court” advisory brief), many eyes are on a case currently pending in federal court in California where a job candidate brought a proposed class action discrimination case based on an employer’s use of artificial intelligence-powered hiring tools. The candidate argues that the software disproportionately turns away candidates who are Black, older, and disabled. In a hearing last week, the judge appeared to signal that the case would survive the pending motion to dismiss, allowing the case to proceed to fact-finding in discovery.
Furthermore, certain jurisdictions (including New York City) already have laws in place governing employer’s usage of AI in making employment decisions. AI-curious employers should be sure to keep abreast of legal developments and continue to watch this space for further updates.