A lot of people are hyped about AI and how artificial intelligence can change the way business works and make things cheaper and more efficient. I’m a bit skeptical as I was when people were all excited about NFT’s.

I get that AI can have some value, but there appears to be a lot of danger in it as well as the kinks are being worked out and people figure out what applications it is best for. I think sometimes people get excited and don’t want to be left behind a trend that they don’t always think things through or look for flaws.

This is certainly true with companies that are using AI as part of their hiring process. This happened with an online tutoring company that used an AI platform to help evaluate candidates. The software they used was screening out candidates over 55 years of age. That is illegal as you can’t discriminate based on age if someone is over 40.

As a result a claim was filed against this company and they had to pay a large settlement to a class of over 200 workers who were denied consideration for employment solely based on their age. It was a China based company that violated the law. It’s certainly possible that they were not aware of the law or didn’t have someone in place to make sure that the use of AI wouldn’t backfire in any way.

This isn’t a one off case and is being pursued against many companies and will continue to happen as time goes on. A computer, at least for now, does not have the ability to tell an employer that they are breaking the law. And if you put your trust in the computer to do part of the work for your company, you are liable for any mistakes that computer makes.

For you as a potential employee, you may not know that AI is being used in these hiring decisions, but if you find out that it is and that you may have lost an opportunity due to an illegal reason (such as your age, race, gender, religion, etc) then you very well may have a lawsuit.

We work with a bunch of law firms who handle employment related discrimination lawsuits and would be happy to discuss a potential case with you. Please call us any time at 800-517-1614 to speak with an attorney for free. All calls are confidential.