If you have any questions , please contact HR Partners at 785.233.7860 . •
LEGAL AND HR
ARTIFICIAL INTELLIGENCE IN THE WORKPLACE
BE CAREFUL WITH YOUR USE OF AI IN HR written by Kristina Dietrick , PHR , SHRM-CP , HR Partners
Artificial Intelligence ( AI ) is a rapidly evolving and constantly shifting landscape , especially for employers desiring to streamline employment decisions . AI allows an employer to streamline the decision-making process , such as screening candidates for interviews based on job-related qualifications , monitoring job performance , and determining pay or promotions .
When used properly , AI can save a company time and money . When used improperly , it may cause the company to violate federal law . Although , currently , there are no federal laws specifically governing AI usage , employers who use AI in business decisions may still be liable under existing federal laws . The Equal Employment Opportunity Commission ( EEOC ) has published several technical assistance documents providing guidelines for employers to implement AI in compliance with Title VII and the ADA . ( See : https :// www . eeoc . gov /)
Pursuant to these guidelines and established federal laws , an employer may not discriminate in any employment decision based on a person ’ s age ( over
40 ), disability , race , color , religion , sex ( including pregnancy , sexual orientation , and gender identity ), national origin , or genetic information ( collectively a “ protected characteristic ”).
Business decisions based on AI data place employers at risk of liability , which , intentionally or unintentionally , discriminate against a person based on a protected characteristic . An employer may be held liable for violations of Title VII or the ADA , even if a third-party administers the AI .
The bottom line for using AI in your workplace is to be cautious , careful , and always question how it is being used . Even if you rely on a third-party to administer AI you , as the employer , are responsible for how it affects your business . When utilizing AI in making business decisions , it is a best practice to regularly audit the data AI gives your business to ensure it does not violate existing federal laws .
If you have any questions , please contact HR Partners at 785.233.7860 . •
40 KANSAS INSURANCE AGENT & BROKER