Artificial Intelligence (AI) continues to develop and expand into everyday life. Many employers are interested in utilising AI to minimise overheads, increase automation and target client bases. As such, AI will inevitably influence employment; in obvious ways, such as human replacement in lower-skilled labour and less obvious ways – such as compliance with equality legislation.
AI & Employment: Rapid evolution
With AI, as is the case often in employment law, legislation and case law will play catch-up to real-life practices.
AI is already present in most businesses – for example, in using facial recognition to secure company devices or spam filters on email. Some firms use (or are considering using) AI at recruitment to screen candidates. Already, it has been suggested that some AI programmes carry out this process without regard to relevant employment law protections or potential latent biases of the software programmers – for example, by filtering out certain language patterns which are more prevalent amongst different groups of people.
In Ireland, this could expose the employer to litigation risk – it is well established that our equality protections extend to the recruitment stage. Even regarding employment equality legislation, AI-led employment decisions are potentially unlawful. Individuals have the right not to be subject to automated decision-making under GDPR rules. There are existing heightened data protection obligations under the GDPR (complemented by...
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