Artificial Intelligence Can Develop Employer Biases Through Machine Learning Applications and Functionality of AI Algorithms
The growth in Artificial Intelligence technology has occurred mainly in two employment areas: The actual tech workers for the mega-companies who innovate new ways to expand the AI technology, and high-end professionals whose roles required them to use new AI tools. There is a potential danger of employment discrimination in each of these groups based on the employer’s biased conceptions of the abilities of the workers to keep up with advancements, and because of employer’s AI tools containing algorithms which either due to the employer’s intentions or ignorance can have a discriminatory impact on protected classes of workers by revealing protected characteristics such as age, race and disabilities. According to a study by a research institute, approximately 23% of all US workers have some exposure to AI in conjunction with their employment. One fifth of all workers are the most exposed and their demographics are higher-paid professionals, women and college-educated workers.
Artificial Intelligence technology will target a different segment of the American workforce than has been the case in the past with technological advancements.
Technological advancements radically changing the workforce and elimination of the need for some workers has been going on for centuries and isn’t a new phenomenon. Technology has led some to become unemployed in the past when their job is substituted by automation. In the past, it was mainly changes in physical tasks, that while these tasks required workers’ observation, thinking, skills and physical responses, the evolution of technology allowed machines to perform physical tasks more effectively and efficiently. An example, in the 1700's was the cotton gin, a hand-cranked machine that could effectively and efficiently remove the seeds from cotton plants faster than could humans. In the latter part of the 1900's, computer technology advanced as to color quality control in the mass reproduction of art and photos in advertising and replaced the functions of employees in charge of color-quality-control in advertising departments such in newspapers such as the New York Times and elsewhere. Before these functions were replaced by new technology, the employees had to eye-ball different transparent color sheets to see which ones had to be increased or decreased for mass production to the public. Automation had various effects on workers’ tasks, at times enhancing or creating completely new jobs, and other times, by eliminating the employment position itself. Artificial intelligence is an emergent, fast-moving type of technology will likely do the same. However, it’s likely AI technology will target a different segment of the American workforce than has been the case in the past. AI is distinguished from past technological changes that have come over the last couple of centuries because it is predominately expanding up from physical labor into the white-collar, higher-paid workforce.
Artificial Intelligence differs from previous advances in technology in that by using algorithms and absorbing an incomprehensible amount of data, it is designed to mimic human brain and cognitive functions in a matter of seconds. A study published by the Department of Labor and an independent research group found that it is likely that the higher-paying, white-collar jobs will see a higher amount of exposure to AI technology than lower paying jobs.
According to the study, the workers with the highest earnings are the most exposed workers irrespective of their demographic group. High-end earners whose job requires analytical skills will have more exposure to Artificial Intelligence. These skills include critical thinking, mathematics, writing, and science. Jobs comprised mainly of mechanical skills, will have less exposure to AI.
The U.S. Department of Labor’s analysis listed and analyzed the importance of 41 essential work activities in approximately 900 occupations to predict which worker activities have high or low exposure to AI in any given job. Those jobs involving general physical activities such as lifting or moving objects were judged as having low exposure to AI and those involved in processing information, were judged as having high exposure. It found that white-collar occupations requiring advanced degrees are most exposed to AI and most are higher earners. AI tools may enhance the performance of professionals in job tasks and may make them more efficient. Artificial Intelligence does not mean AI will replace the workers themselves, however the workers must know how to use the AI tools.
Two Groups That May Be Most Affected by Age Bias.
Two groups that may be most affected by age bias because of AI are 1.) actual tech workers who innovate new ways to expand the AI technology, and 2.) high-end professionals whose roles required them to use the newest and ever- evolving AI tools. There may be a perception by the employer the employee is simply too old to adequately do these job functions in either group.
When an employee believes she/he has been wronged by their employer, it can be extremely frustrating, confusing and stressful. It can also be an alienating experience because most wronged employees don't know where to turn for help and may fear losing their jobs if they do bring their concerns to their employer. If this describes your situation, you should contact this office today for a free consultation.
Don’t Sit on Your Rights
If you are an employee who is experiencing discrimination, don’t sit on your rights. If you think you are being discriminated against because of your age, race, disability, sex, color, ethnic origin, religion, sexual orientation or other protected you should contact this office today for a free consultation. I have represented numerous private and public employees who were discriminated against, and I was successful in recovering multiple six-figure financial compensation for their emotional pain and suffering, and moneys for lost wages, both for past lost wages and projected future lost wages.
If you resign, you may lose right to prevail in a lawsuit.
In many instances of discrimination and retaliation, if you resign, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.