As part of Loeb’s AI Summit in New York City on February 11, 2026, attorneys at Loeb spoke with employers working to balance the desire to take advantage of new technology against the risk of legal challenges. As a growing number of companies incorporate artificial intelligence (AI) at each stage of the employment life cycle—recruitment, hiring, performance management and termination—there are many legal considerations to keep in mind.
Here are some key takeaways in the employment space:
Prepare for more laws requiring disclosure of use to applicants and employees. One of the most common uses of AI in employment is at the hiring stage, but hiring discrimination cases are inherently difficult because the applicant is usually operating with a significant lack of information. As a result, many of the current laws around AI in employment tackle this information gap by requiring disclosure of use, as well as data retention and disclosure.
Bias audits are key, but daunting. AI tools should be subject to a bias audit, especially if they are replacing human decision-making. But who conducts that audit, what data is used and how to interpret and respond to the results are complicated questions for employers to evaluate.
There is a human factor at issue that should not be overlooked. Using AI to monitor and evaluate employees will have an impact on employee morale. And while maintaining a positive workplace culture is not a legal requirement, there is often a correlation between...
Caesar Munir Wilson, a self-proclaimed sovereign citizen, may not have viewed the federal government as an entity that held legitimate legal authority over his life. Judging by the tax filing scam...