As technology continues to evolve, employers are increasingly adopting the use of Artificial Intelligence (“AI”) in various employment processes and decisions. According to a report from Sherman & Howard L.L.C., some forms of AI could potentially contribute to employment discrimination, thus causing a major legal concern for corporations and law firms worldwide.
The Equal Employment Opportunities Commission (“EEOC”) has given several examples of the use of AI in employment. These include automating certain aspects of the recruitment process, such as candidate sourcing, resume screening, and interview scheduling. In decision-making processes, AI can predict candidates’ job performance and likelihood of retention based on past data.
While the aim is to improve efficiency and accuracy in hiring, the use of AI also presents significant challenges. One such concern is that the algorithms used by AI systems could unintentionally perpetuate discriminatory practices. This is because biased data or programming can lead AI to favour certain groups over others, resulting in unintentional discrimination. Hence, the EEOC underscores the importance of employers ensuring their AI systems are compliant with anti-discrimination laws.
The use of AI in the employment process is a complex issue that presents both opportunities and risks. Legal professionals working in corporations and law firms must be vigilant in understanding and navigating the potential legal pitfalls that come with these advancements. The legal, ethical, and societal implications of AI in the employment context are areas that are expected to attract more regulatory scrutiny and potential litigation in the near future.