The proliferation of artificial intelligence ("AI")
has slowly fueled the technology's introduction into
unprecedented areas. Indeed, large technology firms are now
offering AI capable of assisting or altogether automating an
employer's hiring, performance management, and disciplinary
processes. As employers increasingly adopt this technology to
screen resumes, analyze interviews, and issue disciplinary
decisions, they are realizing considerable efficiency gains and
saving valuable management resources.
While most employers may think of AI as a tool capable of
objectively evaluating job applicants and employees, the technology
is not immune from bias. As research has demonstrated, AI presents
a risk of adopting any biases embedded in its code or that it
detects in prior employment practices. A critical question then
arises when this automated technology makes a decision that
implicates employment laws. For example, if an employer utilizing
AI learns that the tool