Compliance Stuff

Artificial intelligence has become increasingly embedded in hiring, promotion, and employee management, which means that employers face heightened legal risks. From automated résumé screening to video interview tools and performance analytics, AI tools can amplify bias, create disparate impact, and expose organizations to regulatory scrutiny. Below are 10 practical steps you should consider to mitigate bias and manage risk throughout the AI employment lifecycle. 1. Validate Before You Deploy Before rolling out any AI tool, conduct rigorous pre-deployment testing.  This includes bias and disparate-impact audits across protected groups (race, sex, age, disability) and job categories . Require vendors to provide documentation of their own testing, accuracy data, and bias audit results. Don’t assume a high statistical correlation between a model’s features and job performance means the tool is job-relevant. Always ask if the features logically relate to actual job duties. 2. Monitor Ou...

Johnny C. Taylor Jr., SHRM-SCP, president and CEO of SHRM, testified March 25 before the U.S. Senate Special Committee on Aging in Washington, D.C. As the U.S. workforce ages and labor shortages persist, HR leaders are being called to reconsider long-standing assumptions about retirement, talent, and the value of experience. That message  took center stage  when Johnny C. Taylor Jr., SHRM-SCP, president and CEO of SHRM, testified March 25 before the U.S. Senate Special Committee on Aging in Washington, D.C., highlighting both the challenges and opportunities facing older workers. “America’s workforce is changing,” Taylor told lawmakers. “In 1994, about 12% of Americans age 65 and older were working. Today, it’s closer to 20%. And in the years ahead, the fastest-growing segment of our labor force will be individuals age 75 and older. This is not a temporary trend. It’s a structural shift — and it requires us to rethink how we approach work and retirement.” For HR leaders,...

AI-enabled interviewing tools have emerged as a common solution for the administrative burdens associated with hiring . These tools improve efficiency, streamline operations, allow you to consider more candidates without expanding your hiring team, keep evaluations consistent across applicants, and make high-volume hiring easier. But their adoption also raises important legal considerations, including potential bias, compliance risks, and data privacy and cybersecurity obligations – all while we face a growing regulatory and litigation landscape targeting the use of these tools. This Insight reviews the most common tools being deployed by employers and their associated risks, and provides a five-step suggested plan for minimizing liability. AI Interviews Tools and Systems Rather than solely focusing on tools that assist with logistics or document review (like simple schedulers or resume screeners), the newest generation of AI hiring tools can analyze and organize interview responses i...

Employers are increasingly deploying artificial intelligence (AI) across the talent life cycle, from candidate sourcing and ranking, to pre-hire assessments, to onboarding, performance reviews, development, promotions, and retention. While these tools promise efficiency and consistency, they also introduce heightened legal risk if they produce biased outcomes. Many states, localities, and international jurisdictions require proactive AI auditing, transparency, and governance to ensure that AI-enabled employment decisions are fair, compliant, and defensible. Quick Hits Jurisdictions such as California, New York City, Colorado, Illinois, and the European Union (EU) variously require (or plan to require) and encourage bias testing, notices, transparency, and, in some cases, public summaries. AI involvement can create substantial legal risk, even when humans make the final decisions; AI-influenced scores, rankings, or screens can still be treated by regulatory authorities as decision-mak...

Agentic AI is poised to transform the way businesses operate and how consumers behave. Equipped with the ability to autonomously plan, adapt to, and complete complex, multi-step tasks, this developing technology simultaneously unlocks exciting opportunities and introduces emerging risks for businesses. Artificial Intelligence (AI) is evolving at a rapid and unprecedented pace, and the emergence of “agentic AI” is at the leading edge. Unlike traditional AI systems that are designed to perform specific, narrowly defined tasks ( e.g. , generating text or images or analyzing inputs) and rely on human input and oversight, agentic AI systems have the capacity to complete far more complex, multi-step tasks with a high degree of autonomy and make decisions based on context. Beyond acting as tools that users leverage for specific tasks, agentic AI systems equip individuals and businesses with agents that can plan, adapt, and make decisions on their behalf. The promise of agentic AI opens up a ...