With the rapidly evolving and nascent artificial intelligence technology used by employers, there is a risk of adverse consequences for employees with certain legally protected characteristics, such as disability and age, according to a study published by the Department of Labor and an independent research group. According to the study, whether by design or unintended consequences of the ever-evolving AI tools, the two groups of workers that may be most affected by illegal bias because of AI are high-end processionals whose roles require them to extensively use the newest AI tools and who are more exposed to AI than are other workers, and actual tech development workers who innovate new ways to expand the rapidly evolving AI technology.
While the study concluded the biggest potential risk of employment discrimination as a result of employer AI applications will be against those whose duties require them to predominately and regularly use rapidly evolving AI tools and against high-end processionals, there is a risk of adverse consequences against all workers who have certain legally protected characteristics.
Risk of Adverse Consequences for Employees with Certain Protected Characteristics
According to the study, a primary potential outcome of AI as to employment discrimination entails an increased risk of adverse consequences for employees with certain legally “protected” characteristics. For instance, an AI tool may have algorithms that inadvertently (or by design) discriminate against certain groups when analyzing resumes or making hiring decisions, such as people of certain races, age, or with disabilities, or applicants who identify as LGBT. AI used to evaluate Employee Performance Evaluations utilized for selecting employees for promotions or demotions could also be subject to bias in the selection process if protected characteristics are a functionality of AI algorithms and machine learning applications, whether or not apparent to the reader.
Artificial Intelligence Can Develop Biases Through Machine Learning Applications and Functionality of AI Algorithms
As a technological concept, AI is not inherently biased, but such technologies can either deliberately on the part of the employer, or inadvertently, develop biases through machine learning applications and the functionality of AI algorithms, making it all the more crucial for wronged workers to be aware of workplace discrimination. The NJ Law Against Discrimination and prohibits employment discrimination on the basis of certain protected classes, including:
Age
Sex
Disability
Race
Gender/Sexual Orientation
Color
Religion
National Origin
Discrimination is a significant risk of AI misuse by employers. When employers fail to understand the functionality of AI algorithms or do not recognize discriminatory violations caused by the application of certain AI tools in the workplace, it can lead to illegal discrimination.
Risk of Disability Discrimination
Disabled individuals are entitled to certain rights in the workplace under the NJ Law Against discrimination and the Americans with Disabilities Act. AI has the potential to violate disability employment discrimination laws. The use of AI algorithms and artificial intelligence in hiring, and in analyzing an employee’s work performance for promotions, raises etc., and other employment decisions can lead to disability discrimination. For example, a violation can result if an employer uses an algorithmic AI tool that reveals disability-related facts even not directly asking for information about a person's disability status. A disabled worker may be legally entitled to a reasonable accommodation, such as a change in hours, but may be shut out advantageous employment decisions based on statistics that are not inclusive to working with a disability.
Age Discrimination
Older employees are perhaps the most at risk of discrimination as a result of tech development. Institutional ageism in the tech industry is so widespread as to be considered healthy business practices. The majority of employees working for the mega-tech companies are in their 20's. Rampant age bias myths have been distributed through social media and one mega-tech industry founder’s 2007 quote of, “Young people are just smarter,” has been widely distributed and quoted. This is a bias distributed frequently that affects many job positions, not just tech workers and highest-end professionals. It is a bias repeated so frequently that some may not even be cognizant that they themselves embody that bias. The old adage still holds that if you tell a lie frequently enough, certain people will believe it to be true.
AI presents challenges for Human IT Resources
AI also presents challenges for Human IT Resources. Workers will be challenged to learn new skills to keep up with the changing workplace landscape. As AI becomes more prevalent, the skills required of IT professionals will shift, and Human IT Resources will need to learn new skills to stay relevant while using ethical algorithms to not illegally discriminate.
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.