The employment law landscape can shift quickly to keep up with our rapidly evolving world of work. You can be better prepared by anticipating changes that could impact your business. Below are three areas in which legal experts predict policy changes in coming months and years.
Artificial Intelligence Looms Large
Artificial Intelligence (“AI”), including the use of ChatGPT (an AI “chatbot”) has been a hot topic across all industries. With a few keystrokes, ChatGPT can recommend a list of films within particular parameters (e.g., year, genre, actor, director), develop a gluten-free meal plan, or write an essay on Moby Dick. The technology’s uses seem limitless, and businesses are beginning to adopt these AI tools to increase productivity and efficiency.
However, employers should be alert to legal guidance around the use of AI in the workplace, especially around personnel actions such as hiring and firing. In 2021, the U.S. Equal Employment Opportunity Commission (EEOC) launched an agency-wide initiative to ensure that the use of AI and other emerging technologies used in hiring and other employment decisions comply with the federal civil rights laws that the EEOC enforces. In May 2023, the EEOC released a technical assistance document warning employers that, if they use technology such as resume scanners, chatbots, and video interviewing, they must ensure the software does not have an adverse impact on individuals of a particular race, color, religion, sex, or national...
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