Smart AI Hiring: Legal Compliance and Risk Management, Published in the Legal Intelligencer

The Legal Intelligencer published an article on 12/22 by Shareholder Gregg J. Lytle, in the firm’s Oklahoma office, highlighting the evolving landscape of artificial intelligence in employment decisions. While Oklahoma currently lacks specific AI regulations for hiring, retention, and employee evaluation, employers must still comply with federal laws, including Title VII, the ADA, and the Age Discrimination in Employment Act. Lytle examines how states such as California, Illinois, and Colorado have implemented AI hiring regulations and provides practical guidance for Oklahoma employers looking to develop responsible AI protocols.

"Regardless of the AI tool utilized, employers must be mindful of the potential bias that exists within the AI model. While likely not intentional, bias can exist as a result of how the AI was developed. As the Equal Employment Opportunity Commission (EEOC) has made clear, an employer can be held responsible for using an AI tool that has a discriminatory effect on a protected class of employees."

Lytle emphasizes the importance of proactive policy development and human oversight in AI-assisted employment decisions. Employers are advised to conduct annual risk assessments, maintain records of AI-generated information, and carefully review terms of service to understand how data is secured and used.

"To avoid these potential risks, employers should develop a plan to ensure that any information generated by AI is reviewed by humans to ensure accuracy," writes Lytle.

Read the article in full, click here (subscriber-based).