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Big Brother & Biased Bots: Practical Considerations for Using AI in Employment Decision-Making

 |  October 9, 2023

By: Jayson B. Lewis (Kelley Drye)

The integration of artificial intelligence (AI) into workplaces is gaining momentum, as employers increasingly incorporate AI technologies throughout the entire employment cycle, ranging from hiring to separation. While these technologies offer efficiency and objectivity in processes, they also bring about specific challenges and legal implications.

In a recent webinar, Kimberly Carter and Katherine White, Partners at Kelley Drye, along with Justina K. Rivera, General Counsel & Deputy Comptroller for Legal Affairs at the NYC Office of the Comptroller, explored the present legal and regulatory landscape concerning AI in the United States. They delved into the opportunities and challenges tied to employing AI-related technologies within the realm of employment. This blog post presents a summary of the key insights from the session.

Legal and Regulatory Landscape of AI in the U.S.

At present, there exists no dedicated federal law governing the use of AI-related technologies. However, in recent times, federal regulatory bodies such as the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have taken discernible steps, indicating their focus on AI’s utilization in the workplace.

A notable development took place in April 2023 when the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), the DOJ’s Civil Rights Division, and the EEOC issued a joint statement underlining that existing laws are applicable to the use of AI-related technologies. The statement affirmed that each agency and department would employ its existing statutory authority to combat unlawful discrimination in AI systems.