Anticouni & Ricotta | Leaders In Employment Litigation Serving Clients Throughout California.

Employment discrimination concerns linked to the use of AI

On Behalf of | Sep 6, 2023 | Workplace Discrimination |

Have you ever heard the term “ethical AI”? If you’re like most Americans, this is a term that probably doesn’t hold much meaning to you beyond its obvious intent of promoting artificial intelligence activity that is somehow particularly ethical. “How can AI activities embody moral principles?” you may be wondering. In a nutshell, the values of those individuals and companies that utilize AI inform whether AI resources are used in ethical ways. 

Take, for example, the applications of AI in the workplace. AI can be used to mine applicant resumes for top talent. It can be used to assess how employees are performing. If those who program AI algorithms and evaluate AI-generated data don’t approach these tasks in thoughtful ways, intentional or unintentional employment discrimination may result

Issues to keep in mind

Whether you primarily identify as an employer of workers or as an employee, you have rights and responsibilities under state and federal law when it comes to the ways in which you perform your job-related functions. As AI activity is only as sound as the efforts made by those utilizing its abilities, you’ll want to keep your legal position in mind as you both interact with AI in the workplace and are influenced by it.

For example, if you’re an employee and you believe that the ways in which your employer is using AI are causing applicants with disabilities to be rejected from the pool of potential new hires out of hand, it’s important for you to report this injustice and to seek legal guidance if you’re retaliated against for doing so. On the flip side, if you’re an employer and you realize that your company’s AI activity is resulting in unintentional discrimination, it’s your responsibility to fix the problem.

Legal rights and responsibilities don’t disappear simply because the American workplace is evolving. As a result, if you have questions about your legal position as it relates to the use of AI in an employment context, it’s important to consider seeking guidance to better ensure that your interests – and the legally protected interests of others – remain respected. 

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