AI Programs Used by Employers May Lead to Title VII Discrimination Claims

Labor and employment partner Erika Collins authored an article for the New York Law Journal titled “AI Programs Used by Employers May Lead to Title VII Discrimination Claims,” discussing how the use of artificial intelligence (AI) programs to make employment-related decisions creates a risk for employers to be subject to Title VII discrimination claims.

Collins explains that AI programs cause risk due to being complex machines that can potentially generate biased results against protected groups of people. She outlines the guidance provided by the Equal Employment Opportunity Commission that artificial intelligence (AI) programs will trigger Title VII discrimination violations when protected classes are disfavored in employment selection processes.

Collins outlines the issues that exist within the realm of employers using AI programs, which she notes are important considerations that affect the potential liabilities attached to the use of AI in employment-related selections.

Faegre Drinker summer associate Ari Rutledge contributed to this article.