artificial intelligence and employment law
Guidance: The Intersection of Artificial Intelligence and Employment Law
Employers have increasingly embraced artificial intelligence ("AI") in the workplace, using the technology to maximize efficiency in nearly every aspect of the employment relationship including hiring, performance management, and discipline. The use of AI, however, comes with attendant risks. Indeed, while one might assume that AI is an ideal tool to serve as a neutral decision-maker, this technology is not infallible. It has been repeatedly shown that algorithms underpinning these AI products are capable of inheriting conscious and unconscious biases of the people that write the code. These products can also adopt biases embedded in external training data the applications process once they are unleashed.