Compliance Stuff

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to automate repetitive tasks or produce predictive analytics —  recent studies  have shown that over 60% of managers use AI for critical employment decisions, such as hiring, firing, layoffs, and/or promotions. And more than one in five managers use AI to make these decisions without any human input. As managers increasingly — and often blindly — rely upon AI, companies may risk significant legal exposure. Although it may be tempting to use AI to streamline employment decisions (e.g., hiring, promotion, workforce reductions), it is critical to remember that AI output merely reflects the data the system receives. These systems have no measurement for context, lack human judgment and empathy, and risk producing outcomes with unintended disparate impacts. A Cauti...

  This article totally caught our eye in Compliance!  On April 9, 2024, the US Equal Employment Opportunity Commission ("EEOC") filed a motion for leave to file a  brief  to support plaintiff's motion to dismiss.   This aligns with the  guidance  EEOC provided in 2022 about the intersection of AI hiring tools and the ADA.     The plaintiff brought the lawsuit against the software vendor Workday, Inc. ("Workday"), alleging that Workday violated Title VII, the Age Discrimination in Employment Act ("ADEA"), and the ADA, because it's screening tools to employers that rejected his applications for employment.  Originally, the plaintiff stated that Workday was an “employment agency.”  This case was dismissed because the plaintiff did not allege any details about his application process, except that he applied for jobs through Workday.   In February of 2024, the plaintiff filed their first amended complaint, a revised version of the o...