Employing AI: Explainable AI, Algorithmic Bias & the Workplace

Artificial Intelligence (AI) tools are being used by numerous industries and law firms.  While these tools may appear to be neutral, some have been shown to intentionally or unintentionally perpetuate unlawful discrimination and to reflect the inherent bias of the individuals who created them. The panel will analyze examples of how algorithmic bias might be analyzed and examined for evidence of, among other things, age discrimination arising in employment decisions, and racial bias in making supervised release or probation decisions. This program will explain what AI is, how it is being used, and the risk of bias that can accompany it.  It will discuss the concept of “Explainable AI” and the Ethics Guidelines for Trustworthy AI recommended by the European Commission’s Independent High-Level Expert Group on Artificial Intelligence.  The panel will analyze the recently enacted Illinois Artificial Intelligence Video Interview Act, what it means for employers, and whether we are likely to see more states passing similar laws regulating the use of AI in the employment context.