The use of artificial intelligence (AI) in employment decisions is rapidly advancing, offering employers a wealth of tools for recruitment and hiring. However, beneath the surface of its promising streamlined processes and enhanced decision-making lies a potential minefield of discrimination claims. As these concerns capture the attention of lawmakers and regulators, the stakes have raised for employers attempting to navigate the complex intersection of AI and employment law.

According to a 2022 survey, a staggering 79% of employers and 99% of Fortune 500 companies employ some form of AI in their hiring processes. From resume screening and candidate assessment to predictive analysis for employee performance, AI offers a range of tools that enhance efficiency and objectivity in talent acquisition and management. Automated algorithms can sift through large volumes of resumes, identify top candidates, and even conduct job interviews. Some AI tools have the ability to analyze candidate responses and behavior to predict job fit and performance. Despite AI’s potential to operate objectively and reduce bias, mounting concerns have arisen due to instances where AI demonstrated bias, leading to heightened legal scrutiny.