The employment sector has long used Artificial Intelligence (AI) tools, so the introduction of improved large language models like OpenAI’s ChatGPT has the potential to revolutionize.
While the promise of increased efficiency in these processes is extremely enticing for businesses, regulators and employment attorneys are sounding the alarm that outsourcing the hiring process to machines is fraught with potential risks for employers.
Artificial Intelligence Employment Risks
Examining the impact of artificial intelligence and algorithmic fairness on employment decisions, the Equal Employment Opportunity Commission (EEOC) launched an agency-wide initiative in 2021.
The EEOC is now intensifying its efforts to ensure companies are complying with federal law as more businesses adopt these technologies.
This week, the EEOC, the CFPB, the DOJ’s Civil Rights Division, and the FTC issued a joint statement warning that “while many of these AI tools offer the promise of advancement, their use has the potential to perpetuate unlawful bias, automate unlawful discrimination, and produce other harmful outcomes.”
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Technological Progress
The FTC’s Chairwoman, Lina Khan, issued a statement saying, “We already see how AI tools can turbocharge fraud and automate discrimination, and we will not hesitate to use the full extent of our legal authority to protect Americans from these threats.”
Khan continued, “Technological advancements can facilitate vital innovation, but claims of innovation must not be used as a cover for lawbreaking.” The FTC will vigorously enforce the law to combat unfair or deceptive business practices and unfair methods of competition.
Kevin Johnson, founder of the law firm Johnson Jackson, LLC, has 30 years of experience as an employment attorney and is the chair of the Standing Committee on Technology of the Florida Bar Association.
He asserts that employers are increasingly using AI tools in the hiring process and cites several advantages of the technology.
Using a vendor’s software to sift through resumes to find the best candidates for a position can save management a substantial amount of time, and he says there are an infinite number of ways the technology will assist employers in the future.
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