RPJ’s Alice K. Jump Quoted in MLex on Expanding Legal Risks for AI Hiring Tools
RPJ’s Alice K. Jump was recently quoted in an MLex article discussing the expanding legal risks surrounding artificial intelligence in employment hiring and the growing scrutiny of AI-powered hiring tools by courts.
As we have previously discussed on our website (here and here), Mobley v. Workday has emerged as one of the leading cases addressing the use of AI in employment decisions. The lawsuit alleges that Workday’s AI-powered hiring technology unlawfully discriminates against job applicants based on protected characteristics. Recent court rulings have allowed several of the plaintiffs’ claims to proceed and are testing whether AI vendors, not just employers using their products, may face liability under employment discrimination laws.
The MLex article examines the implications of the ongoing litigation, including plaintiffs’ efforts to hold AI vendors responsible alongside employers for alleged discriminatory hiring practices. As discovery progresses, the case may address issues beyond algorithmic outcomes, including AI “training data, validation studies, bias testing, audit reports, model updates, customer implementation practices,” and the extent of human oversight over automated hiring systems.
Alice K. Jump noted that efforts to hold AI vendors responsible, in addition to employers, could create tension between vendors and their employer customers as each seeks to shift responsibility during discovery.
“You have to sort of show some human impact, some human review of the potential bias,” Ms. Jump said. “You have to have audits. You have to show at least some attempts not to cede the application process entirely to the algorithm.”
The article further discusses the pending litigation against Eightfold AI, which raises separate issues under federal and California consumer reporting laws regarding the collection and use of applicant data by AI-powered recruiting platforms.
We will continue to monitor developments in this evolving area as courts further define the legal obligations of employers and AI technology providers.
Read the full article here: https://www.mlex.com/mlex/articles/2500569/beyond-bias-the-expanding-legal-risks-around-ai-hiring-tools
This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Alice K. Jump who counsels clients on litigation, alternative dispute resolution and business counseling, with particular emphasis on representing clients in the financial services and real estate industries as well as educational and non-profit institutions. Ms. Jump is admitted to practice law in New York and before the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit.