Partner Scott A. Ohnegian, chair of Riker Danzig’s Labor & Employment Practice, was quoted in the ROI-NJ article “Hiring hurdles: As with many other practices, involving AI in screening potential workers can have pitfalls, employment lawyers say.” The article discussed the possibility of laws to require employers who use AI-enabled employment tools in hiring to undergo audits that check for bias. New Jersey is considering such a rule for employers, while New York has already implemented a rule.
Scott noted that while he has not yet seen a lawsuit develop from the new rules, “as management-side lawyer[s], we try to be proactive to avoid liability.”
Scott said that “businesses should be paying attention. Because the audits, as well as the requirements in these laws to post audit results and notify applicants when they’re subjected to AI screening, might be something companies have to do — even when they might think otherwise.”
He suggested that many employers are likely using AI unknowingly. “As soon as you involve a search firm, unless you have some written agreement prohibiting it, how they screen potential employees probably involves this technology.”
For the full article, go to ROI-NJ (subscription required).
Scott A. Ohnegian