The Proskauer Brief: Hot Topics in Labor & Employment Law

In this episode of The Proskauer Brief partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, discuss laws requiring employers who use artificial intelligence (AI) to conduct bias audits and impact assessments to root out potential algorithmic discrimination. Guy and Jonathan discuss two high profile laws applicable to employers in New York City and Colorado, what employers need to do to ensure compliance, and the possible proliferation of bias audit requirements in other jurisdictions.

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are actually used in practice. Many AI developers emphasize their rigorous efforts to eliminate bias, reassuring employers that their tools are fair and objective, but a system designed to be bias-free can still produce biased outcomes if used improperly. Tune in as we explore real-world examples of these risks and what employers can do to ensure they are leveraging AI responsibly.

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of "black box" systems—AI tools whose internal decision-making processes are not transparent. The internal workings of such systems may not be well understood, even by the developers who create them. We explore the challenges this poses for employers seeking to ensure that their use of AI in employment decisions does not inadvertently introduce bias into the process. Be sure to tune in for a closer look at the complexities of this conundrum and what it means for employers.

In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office, explore the critical issue of AI training data in employment decisions. We discuss how issues with training data can create risk with respect to employment discrimination laws, even when AI systems are not explicitly programmed to consider protected characteristics. We also highlight the potential for inaccuracies in AI models due to insufficient or unrepresentative training data. So be sure to tune in as the legal implications of these issues can be of importance to employers when understanding potential biases in AI systems.

In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior counsel, Labor & Employment, in the firm’s Los Angeles office. In part one of our insightful artificial intelligence series, we explore what employers need to know about using AI when it comes to employment decisions, such as hiring and promotions. Tune in as we break down key considerations and best practices for navigating the evolving landscape of AI in the workplace and provide essential tips that can enhance your approach to talent management.