Business people sit in a conference room along with faceless AI robots. Photo: YouraPechkin/Adobe Stock

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. AI programs are complex machines that can potentially generate biased results against protected groups of people. Employers are becoming vastly dependent on AI programs to make decisions in hiring, promotions, terminations, and monitoring employee performance.

The risk of bias in conjunction with employers’ increased dependence on AI programs is leading to greater regulations and potential liabilities. The Equal Employment Opportunity Commission (EEOC) has provided guidance that AI programs will trigger Title VII discrimination violations when protected classes are disfavored in employment selection processes.

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