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.