Practices Artificial Intelligence in the Workplace

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.