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AI creates more risks and challenges for employers

June 2023 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

For decades, standardized testing has been subject to attack for discriminatory bias and adverse impact against protected classes. The Equal Employment Opportunity Commission’s (EEOC) 1978 Uniform Guidelines on Employee Selection Procedures established a vigorous validation regimen. Ever since, judges and jurors have waded through expert testimony to determine whether a discriminatory effect exists. The battle rages anew as artificial intelligence (AI) grows in use and importance as a hiring and evaluation tool.

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