Artificial Intelligence

We have long counseled employers using or contemplating using artificial intelligence (“AI”) algorithms in their employee selection processes to validate the AI-based selection procedure using an appropriate validation strategy approved by the Uniform Guidelines on Employee Selection Procedures (“Uniform Guidelines”).  Our advice has been primarily based on minimizing legal risk and complying with best practices. 

This edition of Take 5 highlights compliance with cutting-edge issues—such as pay equity, workplace violence, and artificial intelligence (“AI”)—that have a significant impact on retailers. We also provide an update on National Labor Relations Act (“NLRA”) compliance and New York City drug testing to assist you in navigating an increasingly complex legal landscape.

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Increasingly companies are using third-party digital hiring platforms to recruit and select job applicants.  These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making selection decisions.  Instead, the platforms grade applicants based on a variety of purportedly objective factors.  For example, a platform may scan thousands of resumes