January 10, 2023

Workplace AI Raises Issues Only Legislators Can Address

Stephen F. Fink

Labor, Employment and Benefits attorney Stephen Fink authored an article featured on Law360 that discusses the potential threat of workplace discrimination by artificial intelligence (AI) programs. Title VII, which prohibits employment discrimination, and Griggs v. Duke Power Co., in which the U.S. Supreme Court ruled that discrimination could be found on the basis of disparate impact as well as an overtly discriminatory purpose, make no statement regarding AI in the workplace. Mr. Fink makes a case that AI tools are likely to offer soon predictive capacities more sophisticated and powerful than traditional professionally developed ability tests. He states that AI may establish accurate correlations between protected characteristics and job-related abilities and traits, a worrying prospect that he believes that legislators must get ahead of and address when it comes to the workplace.

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