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As HR Meets AI, Four Steps to Avoid Legal Headaches

HR Dive

  • September 18, 2023

Tory Summey and Jeremy Locklear wrote an article in HR Dive about how the promise of human resources artificial intelligence tools are compelling but come into conflict with a number of laws and regulations.

"There are no federal regulations in the U.S. that expressly govern the use of AI in the workplace (yet), but the U.S. Equal Employment Opportunity Commission has published guidance to remind employers that existing anti-discriminatory laws cover AI, including Title VII and the Americans with Disabilities Act," they wrote. 

The EEOC has explained that just because a decision is made by AI, companies are not shielded from liability for discriminatory actions, Tory and Jeremy wrote. Rather, the same rules that apply to hiring, promotion, and firing decisions made by humans apply to those made with the assistance of AI. 

"Companies also are not off the hook if they use tools created by third parties," they wrote. "The EEOC opined that companies remain responsible for decisions made using a vendor’s tools. The onus is on the company to ensure compliance with nondiscriminatory use of AI tools."

Click here to read their article in HR Dive: As HR Meets AI, Four Steps to Avoid Legal Headaches.

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