The Equal Employment Opportunity Commission’s first commission meeting of 2023, entitled Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier, kicked off the New Year addressing artificial intelligence or AI in the workplace from several angles. A common sentiment among the event’s panelists was that AI and related technologies used in the workplace must be developed and used in a manner that accounts for and protects civil rights. Indeed, and as emphasized throughout the EEOC’s meeting, the tenets of fairness, justice, and equality cannot be ignored as AI and related technologies become more prevalent. Instead, it is imperative that these tools be designed and implemented with these considerations in mind, and with the confidence that they comply with the growing list of applicable laws without generating or perpetuating discriminatory practices. Indeed, these tools, if designed intelligently and carefully, have the potential to both radically revolutionize employment decision-making processes and serve as a bulwark against discriminatory practices.
These considerations are of particular salience as New York City’s Local Law 144 (which regulates the use of these tools, as discussed below) continues to move towards enforcement starting in April 2023. The proposed guidance and public commentary regarding the nascent law, which regulates automated employment decision tools (or “AEDT” as Local Law 144 calls them), continues to develop....
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