We recently authored an article for HR.com’s HR Legal & Compliance Excellence magazine examining the role of artificial intelligence (AI) in human resources and considerations employers should watch for when adopting AI technology.

In reviewing the risks that the emergence and implementation of AI can present for employers, we offered insight on what is categorized as AI and the legal and regulatory frameworks to consider for generative AI, large language models and deep learning. So far, there are no federal laws specifically for AI, but the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL) continue to regulate AI deployment within the human resources context.

We went on to discuss tips for employers considering AI deployment, such as identifying current or planned use cases, how to audit and assess AI tools, understanding any training data or feedback loops, and providing transparency about AI use and implementing protections such as vetting AI tools and vendors.

“HR teams must remain committed to understanding AI tools and use cases, proactively communicating such tools and use cases in a transparent manner, and leveraging them to protect against rather than magnify bias and discrimination,” we explained in the article.

The full article, “We Didn’t Do It, the Robot Did: Practices and Perils for AI in HR,” was published for the November 2024 issue of HR.com’s HR Legal & Compliance Excellence magazine and is available online.

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Photo of Emily Burrows Emily Burrows

Emily Burrows advises companies on a wide-range of business and technology-related transactions, including the intellectual property components of commercial transactions involving the development, transfer and licensing of technology assets. Emily leads the firm’s Artificial Intelligence team, with particular emphasis on negotiating agreements for…

Emily Burrows advises companies on a wide-range of business and technology-related transactions, including the intellectual property components of commercial transactions involving the development, transfer and licensing of technology assets. Emily leads the firm’s Artificial Intelligence team, with particular emphasis on negotiating agreements for the license and implementation of new AI tools and services, advising on the unique contractual and regulatory considerations at hand and crafting appropriate terms to allocate risk.

Photo of Joelle Hupp Joelle Hupp

Joelle Hupp counsels clients on a range of information management issues, including data privacy compliance and information governance. Her practice involves advising on compliance with domestic and international privacy regulations, including the California Consumer Privacy Act (CCPA), the EU’s General Data Protection Regulation…

Joelle Hupp counsels clients on a range of information management issues, including data privacy compliance and information governance. Her practice involves advising on compliance with domestic and international privacy regulations, including the California Consumer Privacy Act (CCPA), the EU’s General Data Protection Regulation (GDPR) and ever-evolving domestic privacy frameworks. Joelle regularly drafts and negotiates data privacy and security contract provisions and analyzes contracts to ensure compliance with local and international privacy laws. She also advises companies on the use and implementation of artificial intelligence, and counsels clients on the development of AI policies.