4 Takeaways As Hiring Bias Suit Over Workday AI Proceeds

A closely watched discrimination lawsuit over software provider Workday’s artificial intelligence-powered hiring tools is headed into discovery after a California federal court ruled the company may be subject to federal antidiscrimination laws if its products make decisions on candidates. […]

Alex W. Karasik, a management-side attorney who is a partner at Duane Morris LLP and a member of the firm’s workplace class action group, said companies using or selling workplace-related AI tools need to track the Workday proceedings closely.

“This is definitely a case to watch, as it’s a landmark case involving the use of artificial intelligence and the hiring process,” he said. “Both employers and technology vendors, particularly those involved with artificial intelligence or algorithmic decision-making tools, absolutely need to pay attention to this case.”

He said [the] decision sets out critical guidelines for courts’ evaluations of who may be on the hook when a vendor of AI-based hiring tools faces allegations that its product churns out biased results. […]

Read the full article on the Law360 website (subscription may be required).

Navigating the Use of AI Tools in Legal Practice Before Pa.’s Federal District Courts

By now, litigators appreciate that a degree of technological expertise is needed to practice law effectively. Everyone has heard about the unfortunate attorney in Texas who appeared at a Zoom hearing as a worried kitten. But in the past year, attorneys have become more attuned to the potential and risks of artificial intelligence (AI). Last June, lawyers in New York made headlines after relying on a chatbot’s research skills, leading to sanctions for unknowingly submitting fictitious caselaw. One journalist even found himself in a love triangle with a chatbot bent on ending his marriage. In spite of these cautionary tales, the use of AI in the legal profession is on the rise as trusted legal research services like LexisNexis and Westlaw roll out AI-assisted research functions and major tech companies integrate AI into their products.

Read The Legal Intelligencer article by Rachel Good on the Duane Morris website.

Litigation Implications of Using AI Tools in Your Business

Artificial intelligence use cases are expanding at a rapid rate, and the pressure is mounting for businesses to leverage that technology or risk being left behind by their competitors. In addition to open-source applications, businesses are using enterprise-specific tools that enable employees to use generative AI technology at work. This includes licensed versions of the open-source models or business-specific tools developed alongside the applications the business is already using.

Read the article by Sarah O’Laughlin Kulik on the Duane Morris website.

AI Tools in the Workplace and the Americans with Disabilities Act

On July 26, 2023, the EEOC issued a new Guidance entitled “Visual Disabilities in the Workplace and the Americans with Disabilities Act” (the “Guidance”).  This document is an excellent resource for employers, and provides insight into how to handle situations that may arise with job applicants and employees that have visual disabilities. Notably, for employers that use algorithms or artificial intelligence (“AI”) as a decision-making tool, the Guidance makes clear that employers have an obligation to make reasonable accommodations for applicants or employees with visual disabilities who request them in connection with these technologies.

Read more on the Class Action Defense Blog.


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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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