In “Employers should beware EEOC after first-ever AI bias settlement,” International Employment Lawyer turned to international labor and employment partner Erika Collins for insight on the U.S. government’s settlement of a civil rights lawsuit involving the alleged misuse of artificial intelligence (AI) software.
“There needs to be a lot more study of these tools, especially when used in recruiting,” Collins said. “Here, the employer was not making the decision to exclude certain people directly because they were relying on a third party to narrow the results.
Collins added, “Employers administer third parties to be involved at various stages of employment-related decisions, where the employer is minimally involved in the selection process. Where employers delegate this responsibility to third parties, it is unclear who is liable if a Title VII discrimination claim is brought.”
“The initial purpose for employers to use AI programs was to eliminate human bias in employment-related decisions,” Collins noted. “It is unclear, however, and difficult to establish whether AI programs or humans serve as the better option to produce unbiased employment selections.” She concluded, “As such, it will be challenging under Title VII to determine which method functions as a less discriminatory means.”
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