Use of Artificial Intelligence

The EEOC issued nonbinding guidance in May of 2023, which addresses the use of Artificial Intelligence (AI) regarding employment matters.

The EEOC provided examples of AI utilization, including resume scanners that prioritize applications based on key words, employee monitoring software, virtual assistants that question candidates and automatically reject ones who fail to satisfy pre-defined requirements, and video software that evaluates candidates based on speech or facial recognition.

Tips for employers:

• Be transparent – inform applicants or employees when AI will be utilized, and what AI is being used to measure. Depending on the jurisdiction, utilization of AI may require informed consent.
• Implement or continue human review of AI-assisted decisions.
• Carefully review external vendors and their policies regarding AI.
• Conduct an internal audit as to what is being measured prior to implementation.

The EEOC guidance regarding AI utilization by employees is complex. Employers should consult with an employment law attorney in order to ensure the specific usage of AI complies with EEOC guidelines.

About Us Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.