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The Work Week with Bassford Remele
June 5, 2023
Welcome to another edition of The Work Week with Bassford Remele. Each Monday morning, we will publish and send a new article to your inbox to hopefully assist you in jumpstarting your work week.
Bassford Remele Employment Practice Group
EEOC Issues New Guidance on AI Use
Gillian L. Gilbert
The rise of artificial intelligence (“AI”) is all over the news of late, so much so that the EEOC has weighed in. The EEOC recently issued new guidance addressing the intersection of the ADA and AI software and algorithms usage by businesses. Many employers use AI software and algorithm tools to help screen applicants in the hiring process, including the use of resume-scanners that prioritize certain keywords in applications and “chatbots” that ask applicants about their qualifications to filter-out those who do not meet certain requirements. But, according to the EEOC, there are three ways in which a business’s algorithm usage may violate the ADA.
Businesses don’t need to abandon AI tools and algorithms entirely. However, employers should take precautions to ensure their reliance on technology doesn’t give rise to an ADA violation. Consider the following:
With new laws going into effect and being contemplated across the country, employers should reexamine their AI and algorithm usage to protect against a possible uptick in AI-related lawsuits. Bassford Remele is committed to being at the forefront in assessing the interplay between AI and employment law. If you have any follow-up questions about your AI usage in the workplace, we are here to help.
A Real-Life Example of the Perils ChatGPT in the Legal Industry
One final AI-related follow-up; we covered some of the perils of using ChatGPT in a recent edition of The Work Week. Well, our precautionary tale became a real-life nightmare in New York, as covered in the news last week. A lawyer in New York utilized ChatGPT to write a brief in opposition to a motion to dismiss. Just like we warned, ChatGPT created citations to caselaw that did not exist. Opposing counsel noticed when they didn’t recognize the caselaw cited in the brief. The lawyer stated in a responding affidavit that it was his first time using ChatGPT and he was unaware that it could provide false information. In its order, the Court observed that the ChatGPT-brief appears to contain “bogus judicial decisions with bogus quotes and bogus internal citations.” Unsurprisingly, the matter is set for a sanctions hearing this week.
This case is a practical reminder that ChatGPT and other similar AI products are not a foolproof substitute for actual legal work. Be smart, be careful, and reach out to us before rolling the dice with AI!
The Work Week with Bassford Remele, 6/5/23 (print version)
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