It's clear that AI has become a hot topic in the staffing industry. The use of AI to screen candidates is coming under fire, with litigation now underway alleging that Workday's AI screening tool is discriminatory. I expect there will be more lawsuits like this, and federal and state agencies and lawmakers will begin introducing laws to regulate the use of these tools. We need to be very deliberate in how we deploy AI going forward. It can be our greatest friend or our worst nightmare. https://bit.ly/3xQUjP3
Jay Mattern, CSP, CPC, CTS’ Post
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We are finding AI can be biased and discriminatory based on coding.
Lawsuit alleging Workday’s AI tools are discriminatory can move forward, court says
hrdive.com
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The recent Mobley v. Workday case signals a major shift in liability for AI-driven hiring, with a California court’s decision suggesting that AI providers—not just employers—could be held responsible for discriminatory practices if their technology directly influences hiring outcomes. This case underscores the urgent need for clear regulations and best practices to promote fair, transparent AI in hiring. Our latest blog explores the implications for AI providers and employers alike, offering insights on adapting to this evolving legal landscape. Read more here: https://hubs.li/Q02XLwXk0 #EmploymentLaw #AI #HiringPractices #RegulatoryCompliance #LegalTech
Mobley v. Workday: A Shift in Employment Discrimination Liability
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At EnabllAI, our focus is to assist with the responsible adoption of Generative AI in businesses. This article shows why our work is more important than ever!
This was filed in April 2024 but it'll be interesting how this case shapes up. A crucial reminder that anti-bias scrutiny is important at different points in the AI value chain: -For LLMs -For applications built on top of LLMs -When individuals configure these applications -When the end user uses these applications and makes decisions based on them #EthicalAI #EnabllAI #Antibias
EEOC says Workday must face claims that AI software is biased
reuters.com
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A sign of the times. The EEOC issued an opinion about the viability of a well-publicized case involving claims of Artificial Intelligence employment bias. AI employment matters are becoming more prevalent, and the current trends and developments indicate increased activity. Firms need to stay ahead of the game and evaluate their AI tools for adverse impact and predictive value. #AI #laborandemployment #statistics https://lnkd.in/eDw4WXz5
EEOC says Workday must face claims that AI software is biased
reuters.com
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This was filed in April 2024 but it'll be interesting how this case shapes up. A crucial reminder that anti-bias scrutiny is important at different points in the AI value chain: -For LLMs -For applications built on top of LLMs -When individuals configure these applications -When the end user uses these applications and makes decisions based on them #EthicalAI #EnabllAI #Antibias
EEOC says Workday must face claims that AI software is biased
reuters.com
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When I get push-back that bias in AI is just "the same as human bias", thus nothing worse than we have now, one of the arguments I have made is that while people have different biases, an AI tool presents a singular bias. This argument is based on the work of Virginia Eubanks, who claims this pattern can lead to "automating inequality." Looks like this problem is playing out with a lawsuit against Workday. Derek Mobley is suing Workday for AI bias. He claims he has been turned down for over 100 jobs that use Workday's AI screening tools. If he were being screened by real people, the screeners would have different biases, providing more possibility for acceptance somewhere. However, the Workday AI has the same bias in every case, making getting past the screener incredibly difficult for some and not others. Although there are many different AI tools used in education, most are built on ChatGPT, thus bias in ChatGPT is likely present in many of these applications. Furthermore, these models are necessarily based on past discourse (data); they have no ability to reflect and revise. The biased results will be part of the data future models are trained on, and bias may become, in a sense, "frozen in time," with little possibility for moving beyond and addressing current inequities. Perhaps this is a slippery slope argument. But we need to be thinking about potential unintended consequences of the technologies we use--conducting pre-mortems on what could happen so we can address possibilities that may become reality. https://lnkd.in/gbYquV7h https://lnkd.in/giDBQmxS
Workday accused of facilitating widespread bias in novel AI lawsuit
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With AI in hiring becoming even more prevalent, knowing the legal landscape around it is ever more important. How can HR leaders stay ahead of the changes? https://lnkd.in/e5xKemTk #FutureOfWork #AIinHiring
The legal landscape for AI in hiring is shifting, and HR leaders need to think ahead
hrexecutive.com
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The law surrounding using artificial intelligence to inform employment actions is constantly evolving. On July 12, a federal judge allowed some employment discrimination claims against a provider of AI employment tools to continue. While the judge dismissed some of the plaintiff's discrimination allegations, this development underscores that AI HR tools can be the center of employment discrimination lawsuits. Proactively auditing your employment practices, including identifying and reviewing AI HR tools, is the efficient way to avoid legal risk and ensure benefiting from the promise of these advanced analytical tools. CRA is uniquely qualified to advise firms regarding adopting and evaluating AI tools due to our extensive experience and thought leadership in cutting-edge issues in adverse impact studies. #artificialintelligence #ai #eeoc #laboreconomics #laborandemployment https://lnkd.in/gX_JuAzw
Workday must face novel bias lawsuit over AI screening software
reuters.com
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The Rise of AI in Hiring: Ensuring Fairness and Navigating Regulations AI tools are now essential in hiring, with up to 83% of employers and 99% of Fortune 500 companies using them. However, concerns about bias and discrimination are growing. Regulatory Changes: - Federal Proposals: The Algorithmic Accountability Act of 2023 mandates impact assessments for AI systems. - State Efforts: Bills in California (AB 2930), Connecticut (SB 2), and Illinois (HB 5322) aim to ensure AI fairness and transparency. - Preventing Bias: Legislation focuses on preventing discrimination based on protected class status, requiring impact assessments, governance proposals, and public disclosures. EEOC Guidance: AI tools in employment must comply with anti-discrimination laws. Proposed bills like The No Robot Bosses Act of 2023 aim to ban sole reliance on AI for employment decisions and ensure human oversight. Stay Informed: As AI evolves, so will regulations. Employers and developers must adopt fair practices to prevent biases and discrimination. https://buff.ly/4b1oeBy #SmallBusinessHR #Hiring #AI #EmploymentLaw #WorkplaceFairness
Navigating Workplace AI Regulations: Labor and Employment Law in the Age of Algorithmic Accountability | JD Supra
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