An expert panel discussed the shifting regulatory landscape around artificial intelligence in employment and some basic ways to mitigate risk during the SHRM Workplace Law Forum 2024 on Nov. 20 in Washington, D.C.
While federal action has mostly been at an awareness-raising and guidance level, state legislatures have begun implementing laws aimed at curbing AI-driven discrimination, noted Rachel See, senior counsel at Seyfarth in Washington, D.C.
See said the U.S. Equal Employment Opportunity Commission (EEOC) has stated that AI enforcement is a strategic priority; it has been receiving discrimination charges related to AI and other workplace technologies; and it is interested in investigating and potentially filing litigation, although it hasn’t done much on that front so far.
The EEOC has warned about the implications of AI and algorithmic bias in employment decisions and issued a 2023 technical guidance for employers on how to measure adverse impact when employment selection tools use AI. The agency also filed an amicus brief supporting the plaintiff in a 2023 lawsuit alleging that HR software vendor Workday is directly liable for unlawful employment discrimination caused by an employer’s use of Workday’s AI-powered hiring technology.
Some AI policy experts said the incoming Trump administration will rescind President Joe Biden’s October 2023 executive order on AI and replace it with a more hands-off approach to spark more innovation.
“Federal legislation regulating AI...
When a company promises to save the planet by 2050, it sounds reassuring. But what if that promise comes with no real plan, no credible evidence, and no accountability? A sweeping new study reveal...