Artificial intelligence refers to computers or
computer-controlled machines that can simulate human intelligence in various
ways. These machines can range from a laptop or cellphone to
computer-controlled robotics. Software programs, which give directions to
control the behavior of the machine, are specialized to mimic human
intelligence and capabilities. The coupling of hardware and this software
brings about artificial intelligence. 83% of employers and 99% of Fortune 500
companies use some type of automated tool in their hiring processes, according
to the Equal Employment Opportunity Commission (EEOC). EEOC has established a
guidance tool to help Employers to manage AI without violating discrimination
protections. First, front-line HR managers and procurement folks who routinely
source AI hiring tools do not understand the risks. Second, AI vendors will not
usually disclose their testing methods and will demand companies provide
contractual indemnification and bear all risk for the alleged adverse impact of
the tools."
Employers can't rely on a vendor's assurances that its AI tool
complies with Title VII of the Civil Rights Act of 1964. If the tool results in
an adverse discriminatory impact, the employer may be held liable, the U.S.
Equal Employment Opportunity Commission (EEOC) clarified in new technical
assistance on May 18. The guidance explained the application of Title VII of
the Civil Rights Act of 1964 to automated systems that incorporate artificial
intelligence in a range of HR-related uses. The EEOC puts the burden of
compliance squarely on employers. "[I]f an employer administers a
selection procedure, it may be responsible under Title VII if the procedure
discriminates on a basis prohibited by Title VII, even if the test was
developed by an outside vendor," the agency states in its technical
assistance guidance.
One noteworthy area where AI is gaining significant traction
is within the workplace. AI chatbots, such as Bard AI, ChatGPT, and Perplexity
AI, are revolutionizing how employees interact with technology to streamline
tasks and enhance productivity. A recent Reuters article titled "ChatGPT
fever spreads to the U.S. Workplace, sounding alarm for some" sheds light
on this trend, highlighting both the opportunities and challenges associated
with the increased use of AI chatbots in professional settings. A few key areas
concerning AI for HR include recruiting, employee monitoring, and data privacy.
Tools like resume scanners, chatbots, video interviewing software, and testing
software are often used during the recruiting or hiring process. While you
might not think about these as artificial intelligence since they have been
around for a while, they use different aspects of AI. These tools also save
time and make the job of the recruiter or hiring manager easier.
What else does AI impact in the workplace?
· Privacy
Breaches
· Transparency
· Accountability
· Hiring
& Selection
· Discrimination
· Violations
of the American Disabilities Act (ADA)
· Confidentiality
& Data Privacy
States are also reviewing their exposure to AI and as a
result, they already have laws in place related to the use of artificial
intelligence in the workplace. This will impact Employers in multi-state
locations, especially remote employees.
Key Areas:
· Learn how
AI impacts the workplace and what the risks are according to the Equal
Employment Opportunity Commission (EEOC) given discrimination allegations.
· Learn
what the EEOC's new guidelines are for Employers to avoid risk with the vendor
tools they use to identify hiring and other AI software they use to streamline
their processes.
· Learn
what court cases are pending that may determine the fate of known Employers.
· Learn why
ChatGPT is huge challenge in the workplace and how it can be a big problem for
Employers
· Learn
what the definitions are for AI and how you should proceed without violating
policies
· Learn
what the Chatbots are and what is their function
· Learn
what Employers can do to mitigate AI issues and concerns.
· Learn
what states already have AI regulations and what the penalties are for
violating those regulations.
· Learn
what policies Employers should have to avoid non-compliance due to the AI tools
they are using.
· Learn how
criminal background checks AI tools can violate Ban the Box regulations.
· Learn
what safeguards Employers can put in place that will assist in reducing
compliance risks.
· Learn how
training of managers/supervisors and other professionals should be mandated to
attend training to circumvent inadvertent violations due to not being prepared.
Why Should You Attend:
There have been significant court cases that are pending and
litigation is expected to result in many challenges for Employers. Employers
need to take these cases seriously as well as federal and state regulations.
Current cases include Workday Inc., a maker of AI applicant
screening software, which is in the middle of a class action lawsuit that
alleges its products promote hiring discrimination. The lawsuit, filed in
February 2023 alleges that Workday engaged in illegal age, disability, and race
discrimination by selling its customers the company’s applicant-screening
tools, which use biased AI algorithms.
Other pending court cases will reveal the risk that Employers
are taking. They need to prepare to include policies to protect the company,
consumers, and employees.
Who Should Attend:
· All
Employers
· Business
Owners
· Company
Leadership
· Compliance
professionals
· Payroll
Administrators
· HR
Professionals
· Managers/Supervisors
· Small
Business Owners
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