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Employers must take care when using AI

On Behalf of | Jun 1, 2023 | employment law

Nearly every day, a new article on artificial intelligence (AI) seems to pop-up, particularly in the context of its use in various business settings. Many California employers may already use AI, while others are looking to implement it in their operations.

It is important to stay up to date with current trends in the business world and the employment arena.


If you utilize AI in the workplace, you must ensure that it complies with federal employment laws, per warnings from the Equal Employment Opportunity Commission (EEOC). This is essential when considering how you use AI and how it affects workers.


Many see AI as an efficient tool, but it is not without risks. There are three particular issues that employers must keep top of mind in relation to AI implementation, including:

  • Discrimination laws:  AI is not necessarily less biased than humans. There are various cases of AI discriminating against potential employees when used in employment decisions. Other cases involve discrimination in wage and hour matters. If you choose to use AI in these matters, you may still wish to include a human element to review the processes and avoid the risk of legal issues arising from AI usage.
  • Privacy laws: It is important to ensure that any AI implementation does not violate workers’ rights to privacy. AI applications that monitor employees’ work, for example may pose an illegal invasion of privacy.
  • Employee perception: According to the Pew Research Center, employees are concerned about how the use of AI may affect both their position and privacy. Consequently, employers should be mindful about how to introduce AI to their company.

While staying on top of the trends is often essential to keep up with the competition, employers must also understand the risks involved and make sure they have a plan to manage them.