I would hope it is going to be uncommon (or non-existent) for AI
to be deliberately designed to discriminate unlawfully in choosing
candidates for jobs. More likely though is a situation where the AI
application has unintended discriminatory consequences, thereby
leading to potential indirect discrimination claims from
unsuccessful applicants.
How will liability potentially arise for employers and AI service
providers in these circumstances? What scope is there for criminal
offences in this space? This is a potentially happy hunting ground
for class action seeking claimant lawyers and a trap for
employers.
Amanda Sanders and I delve into these issues during our recent on-demand webinar as part of our series of employment hot topics. The liability issues we discuss highlight the need for legal due diligence on these applications before they are released for use in the workplace, as well as appropriate risk management.
Artificial intelligence (AI) is increasingly being used in the workplace, and, as with any new technology, it comes with both benefits and risks. The implementation of new AI systems, and their built-in consideration of biases, means that employers can now become liable for discrimination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
