An attorney specializing in employment law discusses artificial intelligence and noncompetes.
Legal challenges will come to employers that use (AI) in hiring or layoffs, particularly if workers allege the tools contain built-in bias or produce a disparate impact on protected groups, potentially leading to individual or class-action lawsuits. Enforcement actions could also involve the U.S. Equal Employment Opportunity Commission, but private litigation is more likely, especially if juries view as a pretext for discrimination rather than a neutral business process, said Christopher S. Mayer, J.D., an employment law specialist with the firm .
Medical Economics: Can you make any predictions about potential litigation or enforcement trends that might involve artificial intelligence in employment law and human resources?
Christopher S. Mayer, J.D.: I do think there will be challenges. And again, I'm primarily coming at this from the employment world, but I do think there will be challenges to employers who are using AI to make employment decisions. And again, that isn't always widely known. These decisions, when they're made, are done in secret, and often are done with counsel, but it does tend to leak out. So I think employees often find out if an employer is using a tool because there is some level of management involved in it, and they may share that with other folks. And so what will happen if there are these types of challenges to it?
It'll be very important that they're...
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