Emerging Themes Governing the Use of AI in the Workplace: Administering the Power of Automation Around Workplace Transparency, Discrimination, and Data Integrity

October 24, 2023 11:45am

Letoyia C. Horton
Claims Focus Group Leader-EPL
Beazley Group

Laura R. Lapidus, Esq.
Management Liability (EPL) Risk Control Director
CNA Insurance

Dianna D. McCarthy
Kaufman Borgeest & Ryan

  • Transparency: AI screening in employment decisions. Providing notice to the candidates
    • New York City’s law regulating AI screening
    • Illinois’ law targeting AI used to analyze video interviews
  • Anti-discrimination
    • EEOC Title VII guidance; Employers and their responsibility to evaluate their algorithmic decision-making tools for disparate impact, including by considering the “four-fifths” rule
  • System and data integrity: Audits, testing, reporting and recordkeeping
    • Jurisdictions where employers’ regular audits and testing of AI systems must assess whether the system results in bias towards certain individuals, privacy risks (i.e., with respect to identifying information) or other known harm or material negative impact
    • California’s Civil Rights Council proposal of new rules that would permit employers to use evidence of anti-bias testing as a defense to allegations of a discriminatory adverse impact of AI or automated system
  • New developments in this rapidly evolving area of employment law: Federal, state and local levels
  • A potential sea change with the use of AI/ChatGPT within law firms
    • Litigation data, trial transcript analyzing
    • What are the risks around the technology’s accuracy and security, most specifically about how law firms’ concerns of privacy and client confidentiality?
  • The benefits of AI as a tool for workplace efficiencies:
    • Goal setting and tracking
    • Time management/work coaching
    • Drafting emails and reports
    • Meeting summaries and action items
    • Customer support