Use of AI In Employment Decisions: Legal Concerns in Hiring, Performance Management, and Termination
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide employment counsel on the use of artificial intelligence (AI) to manage many facets of the employment lifecycle, including hiring, performance management, and termination decisions. The panel will discuss the use of automated technology to screen resumes, analyze video interviews, suggest (or outright select) which candidates to hire, track employee productivity, issue written discipline, or recommend termination of employment. The panel will address the algorithms and their inherent biases underlying past employment practices or social conventions embedded in their code through the data sets they rely upon.
- Common uses of AI in employment and human resources
- Employee management
- Legal issues
- Implicit bias
- Disparate or unexpected outcomes
- Decisions solely by AI
- State restrictions
- European Union restrictions
The panel will review these and other key issues:
- How can employers reduce the risk of liability associated with the use of AI that addresses an algorithm's bias?
- What can employers do to counteract AI that results in unexpected and unwanted outcomes?
- What restrictions on the use of AI has the Illinois law implemented? What are the restrictions in the proposed NYC law?
- What are best practices for using AI in hiring, firing, and employee management?
Adam S. Forman
Epstein Becker Green
Mr. Forman is a frequent writer and national lecturer on issues related to technology in the workplace, such as social... | Read More
Mr. Forman is a frequent writer and national lecturer on issues related to technology in the workplace, such as social media, Internet, and privacy issues facing employers. In addition to his technology know-how, Mr. Forman’s experience includes defending against wage and hour disputes and claims of wrongful discharge, discrimination, harassment, and retaliation. He regularly advises employers about issues and policies related to social media and the online conduct of employees.Close
Emily M. Lamm
Gibson Dunn & Crutcher
Ms. Lamm is an employment attorney with her practice focusing on labor and employment litigation, counseling, and... | Read More
Ms. Lamm is an employment attorney with her practice focusing on labor and employment litigation, counseling, and investigations. Ms. Lamm is also a member of the Artificial Intelligence and Automated Systems Practice Group, where she counsels clients regarding the use of AI technology across the employment lifecycle. Ms. Lamm graduated Order of the Coif from Vanderbilt Law School and was selected as a member of Law360’s 2022 Diversity & Inclusion Editorial Advisory Board.Close
Joseph C. O'Keefe
Mr. O'Keefe is an experienced trial lawyer who, for nearly 30 years, has litigated employment disputes of all types... | Read More
Mr. O'Keefe is an experienced trial lawyer who, for nearly 30 years, has litigated employment disputes of all types on behalf of employers, before federal and state courts, arbitral tribunals, and state and federal administrative agencies throughout the U.S. He has litigated employment-related lawsuits alleging breach of noncompete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblowing, wage and hour violations, Title IX violations, breach of contract, defamation, fraud, and other business-related torts. His practice includes representing clients in complex class and collective litigation, including alleged violation of state and federal pay equity laws, violations of wage and hour laws, and discrimination claims. In addition to his extensive litigation practice, he regularly advises employers, writes and speaks on a wide range of employment-related issues. He counsels clients concerning pay equity, use of Artificial Intelligence in the workplace, management of personnel problems, ADA/FMLA compliance, reductions in force, investigation of employee complaints, state and federal leave laws, wage and hour issues, employment policies, and contracts.Close