Should artificial intelligence be used in hiring processes? Many Americans are skeptical, raising fears of a ‘Matrix’-style dystopian future, but AI, and particularly generative AI, is becoming an increasingly important tool for workplace efficiency and management. In the Matrix, AI-powered machines took over the world, using human beings as their energy source.  In their latest article, Troutman Pepper’s Tracey Diamond, Evan Gibbs and Alison Grounds discuss the potential for dystopian results from generative AI and outline the significant opportunities and challenges that generative AI present in the workplace.

The benefits of generative AI are extensive; it can solve complex problems, preserve endangered languages, and assist visually impaired individuals. However, it also poses risks, such as potential security vulnerabilities, deliberate misuse and unintentional bias.  The potential for bias is of particular concern in the workplace.  In response to these concerns, New York City recently passed a statute requiring employers to notify candidates if an automated system is used in the hiring process. Other states and local jurisdictions are considering similar regulations. The U.S. Equal Employment Opportunity Commission also has advised employers to be cautious with the use of AI tools and recently entered into its first settlement of a charge involving the use of AI.  In that case, the EEOC claimed that an AI-generated applicant selection tool automatically rejected candidates over a certain age.

As generative AI continues to evolve, so too must our legal frameworks. Striking a balance between harnessing the power of generative AI and ensuring its responsible use is crucial. Without proper regulations and legal frameworks, the proliferation of generative AI could lead to unforeseen consequences. Read more about our team’s take on generative AI in the workplace here.

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Photo of Tracey Diamond Tracey Diamond

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient…

Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

Photo of Evan Gibbs Evan Gibbs

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors…

Evan is a practical, results-oriented attorney who partners with business clients to address their most critical corporate espionage matters. These matters typically involve the theft or unlawful retention of trade secrets and other confidential information by groups or individual former executives, employees, contractors, vendors, or other third parties. As co-chair of the firm’s Corporate Espionage Response Team, Evan leads a multidisciplinary group of attorneys with extensive experience regarding corporate espionage matters. Together with a team of attorneys and technical experts, they leverage their deep experience with digital forensic investigations to ensure that clients’ matters are handled using the most cutting-edge forensic technology available. Evan and his team handle these matters throughout the United States.

Photo of Alison Grounds Alison Grounds

Alison, partner with Troutman Pepper and founder/managing partner of Troutman Pepper eMerge, is an eDiscovery advocate who combines legal strategy and evolving, leading-edge technology to discover the facts needed to help clients achieve optimal results, win cases, and settle at the right value.