Do Not Count on a ‘The AI Made Me Do It’ Defense

Kevin Coy, AGG Privacy & Cybersecurity chair, authored an article for HR.com addressing employer responsibility for decisions made with AI and automated decision-making technology (“ADMT”).

Kevin explained that employers remain responsible when AI or ADMT tools contribute to discriminatory or unlawful hiring, compensation, scheduling, or other employment decisions. California, Colorado, Connecticut, and Illinois have adopted requirements affecting automated employment decisions, creating different compliance obligations for employers operating across state lines.

For employers using AI or ADMT, Kevin recommends evaluating the technology, its intended use, and company practices; understanding how the tools work; maintaining meaningful human involvement; and monitoring use over time for changes in functionality, bias concerns, vendor data practices, and legal requirements.

To read the full article, please click here.