Latest on Artificial Intelligence

DOL Issues AI Discrimination Guidance

• New DOL guidance offers employers a framework for avoiding discrimination when using AI in hiring practices. The guidance is non-binding and voluntary, and creates no new legal obligations for employers.

• The guidance is primarily focused on employee protections, avoiding discrimination, and ensuring human accountability is baked into AI use cases. Although it does not create any obligations for employers, companies may find it useful as a reference guide for auditing their use of AI in the workplace. 

Company Human Resource and Legal departments are misaligned according to the 2024 AI C-Suite survey from law firm Littler Mendelson PC. 

• Why it matters: 52% of top legal officers said their organizations were not using AI tools in HR while only 18% of HR said AI tools were not in use. In addition, while 85% of executives overall expressed concern about AI litigation risk, when segmented, top legal officers were not as concerned as the HR officers.

• The bottom line: All stakeholders - legal, HR, and IT - need to talk to get a holistic view of the company AI risk profile.