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Monday, May 4, 2026

Old Employment Law Principles Can Answer New AI Concerns - Foley & Lardner LLP

This article was originally published in Law360 on September 6, 2024, and is republished here with permission.

The integration of artificial intelligence into the workplace has sparked a flurry of legal and regulatory discussions in recent months.

Judges are instituting bans and other regulations on the use of AI in courts. States are passing laws designed to curb or control the use of AI in employment-related policies and decision making. And employers are grappling with how existing employment laws apply to a rapidly evolving and diverse offering of AI tools.

While AI introduces new technological dimensions to the employment landscape, the core legal issues raised by the use of AI are not new. Rather, AI is the metaphorical remake on a classic, where familiar employment law concerns are simply repackaged and recontextualized within a shiny new technological framework.

Employers — particularly those that not that long ago may have had to Google what AI even was — should take comfort that AI, and the burgeoning laws and regulations that surround it, most often reflect familiar and long-standing legal issues, albeit with a modern twist.

Discrimination and Fair Employment Practices

Whether AI is involved or not, the heart of many employment law concerns is the issue of discrimination. Traditional employment laws, such as Title VII of the Civil Rights Act, prohibit employers from discriminating in the hiring and selection process based on race, color, religion, sex and...



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