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The Impacts of Artificial Intelligence in the Workplace in 2023 and Beyond
In May 2022, the Equal Employment Opportunity Commission “EEOC” issued a Technical Assistance (“TA”) document entitled, “The Americans with Disabilities Act (“ADA”) and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” focused on providing “clarity to the public regarding existing requirements” under the ADA and agency policy. This is the first guidance document the EEOC has issued regarding the use of Artificial Intelligence (“AI”) in employment decision-making since announcing its Al Initiative in October 2021.

It is no secret that more employers have turned to AI to enhance their work processes over the years. An estimated 83% of employers have engaged AI or algorithmic tools to screen or assess applicants and workers, and some have even adopted a broad framework applicable to everything from resume scanners and “virtual assistants” or chatbots to video interviewing software and testing software that assess personality, aptitude, skills and perceived "cultural fit." However, if employers are not careful, these tools could result in disability discrimination violating the ADA.

The content of this presentation includes potential issues with artificial intelligence in the hiring and screening process, background about the EEOC’s initiative to manage fairness in the use of artificial intelligence and algorithmic tools, information about the Commission’s first Technical Assistance Guide, and overlapping state and local regulatory efforts affecting employers trying to comply with the law.

Participants in this webinar will learn:

• The impacts of artificial intelligence and algorithmic tools in the workplace
• Potential risks facing employers implementing algorithmic processes
• Recommended EEOC practices to reduce the likelihood of disability discrimination; and
• Workplace trends and issues facing employers in 2023 and beyond

This program is valid for 1.00 PDCs for the SHRM-CPSM or SHRM-SCPSM.

Nov 21, 2023 01:00 PM in Eastern Time (US and Canada)

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Jordan B. Schwartz
Partner, Labor • Employment Practice Group, Conn Maciel Carey LLP
"Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship. Mr. Schwartz defends employers against claims of discrimination and harassment, wage and hour violations, misappropriation of trade secrets, and breaches of non-compete agreements and other restrictive covenants. He has particular expertise defending property owners and managers against claims by hotel guests alleging lack of accessibility under Title III of the Americans with Disabilities Act (“ADA”), and routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA. Mr. Schwartz also routinely defends employers against claims under the Fair Labor Standards Act and state wage and hour laws. Mr. Schwartz has extensive expertise in the hospitality industry."
Darius Rohani-Shukla
Associate, Labor • Employment and OSHA • Workplace Safety Practice Groups, Conn Maciel Carey LLP
Darius Rohani-Shukla is an Associate in the firm’s Labor • Employment and OSHA • Workplace Safety Practice Groups in Washington, DC. Mr. Rohani-Shukla brings experience handling all aspects of litigation at a practice focused specifically on United States federal employment laws. He also supports clients on a multitude of occupational safety and health law issues, including counseling on compliance with OSHA rules and standards, and representing employers in OSHA inspections, investigations, and enforcement actions.