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Monday, December 18, 2023

NJ Employment Discrimination Attorney, Artificial Intelligence and Discrimination Against High-Earner Employees with the Most Exposure

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 two groups of workers that may be most affected by illegal bias because of AI are 1.) actual tech development workers who innovate new ways to expand the rapidly evolving and nascent Artificial Intelligence technology, and 2.) high-end processionals whose roles require them to use the newest and ever-evolving AI tools and who are more exposed to AI than are other workers. Functionality of AI algorithms and machine learning applications may reveal (either not intended by the employer or else by design) protected class characteristics. Also, there may be a perception by the employer the employee is simply too old to adequately do these job functions in either group.

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, such as workers with disabilities.

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.

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. 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.

Artificial intelligence technology will target a different segment of the American workforce than has been the case in the past with technological advancements. Two groups that may be most affected are tech developers who innovate new ways to expand the AI technology, and high-end earners who have most exposure to AI performing job functions.

1.) Discrimination Against Tech Developers Who Innovate New Ways to Expand the AI Technology.

Rampant extreme age discrimination has reached epidemic proportions in the tech development mega-tech companies with the majority of workers being in their 20's. There is a common mythology that people over 30 cannot innovate evolving AI development work as well as someone in their 20'. Institutional ageism is prevalent in many mega-tech companies and this has been true for at least decades with one founder’s widely-circulated "young people are just smarter" quote from 2007. This bias has no basis in fact but could hinder the hiring and opportunities for advancement of older workers in the tech development industry.

2.) Employment Discrimination Against High-end Professionals Whose Roles Require Them to Use Evolving AI Tools.

If you are an IT manager for an employer who is not a tech company, or if you are a high end professional whose roles require you to use evolving AI tools, you may be experiencing age discrimination because there is a perception that younger workers will automatically be more knowledgeable about innovative industry trends. There is a myth that only young workers possess the innate ability to keep current with rapid evolving changes in IT technology to fulfill their new roles which have been enhanced or changed by emerging AI tools. This is a bias circulated frequently, a bias that may be hard do to overcome. The old adage is that if you tell a lie frequently enough, certain people will believe it to be true.

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.


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