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ARTICLE · 22 JUNE 2023

Algorithmically Excluded Part II: A Series On Artificial Intelligence In The Workplace

Brown, Goldstein & Levy
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In my last post in this series, I discussed the emerging use of artificial intelligence ("AI") in the workplace and how employers utilize such technology to screen applicants and evaluate current employees.

United StatesEmployment and HR
Anthony May
Anthony May
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TECHNOLOGICAL DISADVANTAGE: WHEN AI DISCRIMINATES

In my last post in this series, I discussed the emerging use of artificial intelligence ("AI") in the workplace and how employers utilize such technology to screen applicants and evaluate current employees. This post will delve into the negative repercussions of using such tools, including the discriminatory impacts of AI, and government action to curtail and ameliorate those effects.

As discussed in a recent Forbes article, when it comes to using AI in employment decisions, researchers are finding that there is "little accountability for how these products are built or tested." Even the most well-intentioned algorithms can still exhibit biases due to unforeseen issues. For example, many AI tools are developed as "black boxes," meaning that the machine-learning algorithms interpret data in ways that humans simply can't understand. As explained in a 2018 Harvard Law Review article, the "complexity" of

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