1. This Employment Law This Week Deep Dive episode looks at the role of artificial intelligence (AI) in human resources (HR) functions. Today, we’re seeing HR functions that are trying to harness the power of data and use it in predictive ways to hire the best candidates for a job. Attorneys Adam Forman and Nathaniel Glasser of Epstein Becker Green discuss how AI technology can be applied to business operations and HR functions, the benefits of AI technologies for HR, the legal risks inherent in some of the AI processes that are available, and the importance of working with legal counsel when implementing AI.

    Read on for more about this episode:

    1. Artificial Intelligence in Human Resources

    We typically think about AI as robotic manufacturing or number-crunching data analysis, but companies are also starting to deploy AI for HR functions.

    Adam Forman:

    “There are many ways that AI technology can be applied to business operations and human resources functions. Two of the primary ways are in the pre-employment phase and during employment. For pre-employment, there's software that will assist with identifying and selecting candidates for employment. During employment, we see AI being used to track training of employees, to identify an employee's career progression, or even with something called a chatbot, which would take over certain lower-level HR functions, such as tracking one's paid leave. Of course, AI technology can also be used in pay equity audits for employers, as well. At the outset, these technologies tend to be more efficient because they're automated and they're scalable, they predict rather than describe, and they improve the overall candidate experience.”

    2. Associated Legal Risks

    AI for HR can generate significant costs savings while improving service. But it also creates new legal risks for companies that utilize it.

    Nathaniel Glasser:

    “It's important that employers don't blind themselves to the legal risks that are inherent in some of the AI processes that are available. And that means making sure that disparate treatment and disparate impact claims and the potential for those claims are limited in conducting an early review, and also making sure that people with disabilities can be accommodated and they can be treated equally when they're evaluated by these AI technologies. It's important for organizations to work with their legal counsel when implementing AI, and that's because employment lawyers, for instance, are familiar with the uniform guidelines on employee selection procedures and understand the validation methodologies that are necessary to get from start to finish. And anytime an adverse impact analysis is conducted, it can be done under attorney-client privilege.”

    3. Making AI Work for HR

    AI for HR can make a lot of sense. Some companies have seen a 25-30 percent reduction in HR costs by utilizing technology. If you make the leap, though, it’s important to keep your eyes open to the legal risks and make sure that you’re implementing AI in a compliant way.
    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. A news development segment from Employment Law This Week®, featuring attorney Robert O'Hara of Epstein Becker Green:

    Potential legislation in Washington State introduces new personal data privacy and security rights for individuals. It is the most comprehensive data privacy legislation in the country so far.

    We invite you to view Employment Law This Week® - tracking the latest developments that could impact you and your workforce. The series now features three components: Breaking News, Deep Dives, and Monthly Rundowns.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. A breaking news interview from Employment Law This Week®, featuring attorney David Garland of Epstein Becker Green:

    On Monday, February 18, the New York City Commission on Human Rights released legal enforcement guidance protecting the rights of workers to wear their natural hair and hairstyles.

    We invite you to view Employment Law This Week® - tracking the latest developments that could impact you and your workforce. The series now features three components: Breaking News, Deep Dives, and Monthly Rundowns.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. A cause of action under Illinois’s stringent biometric privacy law does not require a plaintiff to be able to show that he or she suffered actual harm. The Illinois Supreme Court has held that the only requirement is proof of a violation of the individual’s rights. The case in question involved a teenager who was fingerprinted when he bought a season pass to an amusement park. We spoke to Jimmy Oh, from Epstein Becker Green, about the implications of this decision for employers.

    Click here for more: ebglaw.com/eltw135-tmt

    This is an extended interview from Employment Law This Week®, an online series by Epstein Becker Green. youtu.be/vmdWB-LAMcQ

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Ben Pring, Co-Founder and Managing Director of Cognizant’s Center for the Future of Work, shares some advice about artificial intelligence in the workplace.

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 135: Week of Feb. 4, 2019), an online series by Epstein Becker Green. youtu.be/vmdWB-LAMcQ

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C.

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Employment Law This Week®

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Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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