ACC NCR: Are the Robots Taking Over? How to Navigate Risks Given the Rapidly Growing Use of AI and Technology in Employment Decisions

Employers are turning to technology at warp speed, to enhance the efficiency of various personnel processes, minimize cost, and reach decisions more quickly.  Whether utilizing selection devices that rely on artificial intelligence, including machine learning, to make initial selection decisions or mining their own data to run predictive attrition analyses, employers are relying on technology to inform or even drive their human resources practices.  Against this backdrop, regulators at the national, state and local level are wrestling with how to regulate such use of technology to ensure the absence of algorithmic bias or other forms of discrimination. 

In this session, we will explore the current landscape and emerging statutory schemes, including the New York City law regulating the use of “Automated Employment Decision Tools” and parallel efforts underway in California, that will govern the use of such technology.  We will also discuss the real-life, litigation-related impacts of the move to greater reliance on technology in the workplace.

Presented by Kris Meade and Trina Fairley Barlow, Partners and Jillian Ambrose, Counsel at Crowell and Moring and Bart Barre, Assistant General Counsel, Labor and Employment Law at Northrop Grumman Corporation.

2.0 Hours of VA MCLE pending.