How Artificial Intelligence Can Lead to Illegal Discrimination
Any type of employment discrimination can lead to a potential lawsuit, no matter how it happened. The Atlanta employment law attorneys at Hall & Lampros, LLP help Georgia residents who have been the victim of illegal discrimination at work.
The use of artificial intelligence can lead employers to potentially discriminate against prospective and current employees in hiring and employment actions. Whether it is through laziness or institutionalizing implicit biases, employers could open themselves up to a potential lawsuit through their own actions.
If you have been the victim of employment discrimination, call Hall & Lampros to learn whether you may be eligible for financial compensation. We could file a lawsuit on your behalf when the facts and evidence support your claims of discrimination.
Companies Are Using AI Increasingly for Their Human Resources Function
Everywhere you look these days, you read stories about how artificial intelligence is changing the employment landscape. Employers are increasingly turning to AI to help them screen applications and make employment decisions. Companies often receive hundreds or thousands of resumes for each job opening. Recruiters need a way to quickly screen resumes to make decisions about which candidates to interview. They are often looking for certain words or types of experiences.
Employers also use AI to help them manage their own workforce. They often use these programs to help them determine promotions and even when making decisions about laying off employees. While these employers are trying to build efficiencies, they are also playing a dangerous game.
Standardized employment tests and metrics have been around for decades, and they are already often discriminatory. Artificial intelligence takes these already controversial measuring sticks and couches them in terms of algorithms.
Taking Away Human Input Can Increase the Chances of Discrimination
Artificial intelligence often takes human input and expertise out of decisions. Usually, AI should supplement human expertise and help companies make more effective decisions. However, some companies have used AI as a shortcut, which can lead to potentially illegal results.
It is virtually impossible for AI to be unbiased and completely objective. Biases in algorithms go back practically to the beginning of algorithms themselves. Remember that AI is screening based on past experiences that are often tinged with existing discrimination. There needs to be some level of oversight over the AI that is used, and algorithms cannot simply be placed on autopilot.
The Equal Employment Opportunity Commission recently settled a lawsuit against a set of companies that hired English tutors. These companies had programmed their systems with a filter that automatically rejected applicants above a certain age. The EEOC filed a lawsuit for violations of the Age Discrimination in Employment Act
Relying on AI Could Be a Legal Risk for Employers
Companies do not have to explicitly program illegal criteria into a system to court trouble. Just relying on AI alone could place them in a difficult position. Employers must be very careful about how they screen applicants. In trying to become more efficient and “smarter,” they could inadvertently exclude many from consideration. An algorithm can contribute to certain results that may be used against a company in an employment lawsuit. Remember that circumstantial evidence is most often what helps employees prove discrimination. If you can prove that your group is dramatically underrepresented in a company, it may help you prove that there is a pattern of discrimination in the workplace.
We are still in the early stages of employers using AI in hiring decisions. It is likely that the number of discrimination lawsuits resulting from the use of AI is going to grow. The EEOC is gearing up to take additional actions against employers. The agency has already announced that Title VII applies to the use of AI because it is a selection factor. The EEOC has advised employers that AI cannot be used to exclude persons based on race, color, religion, sex, or national origin.
You may have a challenge proving that the employer actually engaged in discrimination. Employers’ AI systems are opaque (often intentionally), and you may not know what went into any employment decision. An experienced employment law attorney could help you build your case, especially through the discovery process, where they could question witnesses who designed and used the system.
Contact an Atlanta Employment Law Attorney Today
For a free initial consultation to discuss your case, reach out to the Atlanta employment lawyers at Hall & Lampros today. If your employer (or a prospective employer) has broken the law, we can help you get justice in the form of financial compensation. You can schedule a time to speak with one of our employment lawyers by calling us today at 404-876-8100. You owe us nothing unless you win.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.