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Artificial Intelligence in the Workplace

Managing Risk, Building Confidence

Artificial intelligence (AI) is reshaping the workplace, creating both opportunities and challenges for employers. As AI becomes increasingly integrated into day-to-day business operations, employers face important questions about compliance, governance, and risk management.

From hiring algorithms that auto-filter résumés to productivity-monitoring software that tracks remote workers, AI is often part of nearly every stage of the employment lifecycle. When companies use AI tools in connection with hiring, promotion, and termination decisions, organizations must navigate concerns around bias, discrimination, and evolving state laws regulating the use of this technology.

Understanding your exposure is the essential first step. We can provide employers with the practical, business-focused guidance they need to leverage AI tools responsibly and defend the decisions those tools inform. Whether you are building an AI governance framework from the ground up, auditing your team’s usage of AI, looking to implement a new system, conducting diligence on a vendor’s practices, or responding to a complaint, our team brings the depth and precision your organization requires for transparent, responsible, and defensible usage of AI.

Engage in an AI Risk Assessment

Our attorneys can guide you through a structured legal review to efficiently and effectively determine your company’s risk and provide prioritized recommendations.

  • Inventory of AI tools in use across HR functions
  • Review of vendor contracts and data-sharing terms
  • Mapping of state law obligations by jurisdiction
  • Bias audit requirements and current compliance posture
  • Employee notice and transparency obligations
  • Human oversight protocols and documentation gaps
  • Policy and employee handbook review
  • Prioritized remediation roadmap
Contact Lisa Zaccardelli, Chair
A Blue And Purple Dotted Swirl

Services

Before any organization starts to deploy AI to enhance your workforce, it must have an effective AI use policy in place. Our attorneys can help you draft an AI use policy tailored to your industry and workforce. We can also review your existing policies along with reviewing related employee handbook provisions and internal governance frameworks such as code of ethics policies, to ensure you comply with local and state laws and mitigate risk of discriminatory application by the tools.

Employers are on the hook for the tools they use, and the cases against employers alleging discriminatory hiring, promotion, and firing based on AI systems are on the rise. Our attorneys can assist with evaluating your third-party and technology agreements for data privacy compliance, liability allocation, and risk mitigation. Even when you use third-party software, the employer may ultimately be on the hook for discriminatory or unlawful usage. Our legal review considers whether the agreements comply with federal, state, and local privacy laws, confidentiality requirements, copyright and intellectual property law, and discrimination laws.

We represent employers at all stages of employment law litigation, including defending against discrimination claims, class actions arising from AI usage in the workplace, and more. Our management-side representation includes defending companies in pre-litigation demands, against claims before state and federal agencies such as the EEOC, the Massachusetts Commission Against Discrimination, and New York State Division of Human Rights, in federal and state court cases.

 

It is important to keep up with training your workforce on responsible AI use to ensure your policies are being followed when it comes to employment decision-making and beyond. We offer practical training for HR professionals and managers on lawful use of AI, documentation requirements and best practices, and the importance of meaningful human oversight when AI is deployed for employment purposes.

Our team can train your supervisors, managers, and HR professionals on how to responsibly use AI tools to assist with their decision-making to help minimize risk to the organization and individuals.