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Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. We will refer to these technologies as “AI systems.”
Recent reports indicate that 99% of Fortune 500 companies and 70% of overall employers use some form of artificial intelligence to screen or rank candidates for hire. For example, businesses may use video interview software to assess tone of voice, body language, speech patterns, and gestures of job candidates. Chatbots can ask job candidates questions, with pre-programmed follow-up questions which vary with the candidate’s responses.
AI systems can track work time for office workers using keystroke monitoring, eye movements or internet browsing history. Businesses may use AI systems for scheduling and task assignment, or to track workers’ geographic locations. The number of current and future applications are limitless.
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Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
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