Many employers are now utilizing automated employment decision tools (“AEDTs’”) to make HR and employment decisions such as review of job applications, hiring, performance evaluations, retention, promotion, and termination. Employers should be cautious about using AEDTs for such traditional human resources tasks without attention to current and emerging laws and regulations that could create liability for an employer if their use of AI is improper. Without proper development, use and monitoring, AEDTs can be biased based on the data imputed, how an algorithm processes data or both.  Such bias may have unintended consequences including legal implications which state and federal laws and regulations.  While we recognize AI has significant value, we still believe Human Resources is called “Human Resources” for a reason – because there is a human element that is necessary and vital to all HR and employment decisions.

AI is rapidly emerging and if you need advice on its use at your workplace, don’t hesitate to email or call us as we stand ready to address all HR issues in these changing times.