As clients integrate artificial intelligence (AI) into their business, not only must attorneys advise on issues like data management, privacy and intellectual property, but attorneys should also counsel clients on potential discriminatory biases built into AI algorithms. Understanding these issues can prevent clients from violating EEOC guidelines, Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Equal Pay Act.

AI refers to algorithm tools that simulate human intelligence, mimic human actions and can incorporate self-learning software. You would be hard-pressed to find a sector AI does not affect. Consider its use in robotic surgeries, virtual nursing assistance, predictive customer purchasing, and behavioral marketing, to name a few. While AI optimizes efficiency, studies confirm a real concern of potentially discriminatory impacts.