Brown, Goldstein & Levy attorney Anthony May recently spoke with John Rood, Founder and CEO of Proceptual, an AI compliance technology company, on the impacts of AI tools in hiring processes. Anthony discussed how such technology can discriminate against individuals with disabilities in a webinar entitled, “AI Tools and Complying with Title VII and ADA.”
Anthony was invited to join Proceptual as a legal expert in the growing intersection of AI and employment discrimination law. In addition to addressing the discriminatory impacts of using AI in HR screening tools concerning people with disabilities, Anthony also discussed pitfalls that individuals and companies looking to hire should avoid: virtual testing and interviews, resume screening, putting non-essential duties into a position description, and assuming someone with a particular disability is unable to perform a position task as described.
When addressing the growing use of AI in industry, Anthony said, “While you might have a tool that is used and designed to be very objective, it can still have impacts on a particular group of people, and when we see particularly with people with disabilities, AI can sometimes not understand or compensate for those disabilities.”
Anthony’s advice to both companies and individuals is to stay aware of existing legislation such as Title VII and the Americans with Disabilities Act but continue to explore resources and new guidance from the U.S. Equal Employment Opportunity Commission. Anthony also explained that employers must provide notice to applicants that AI is being used and give applicants the opportunity to request reasonable accommodations. For potential employees, Anthony’s recommendation is to always request accommodations when needed.
Proceptual is a technology company that helps companies of all sizes comply with emerging regulations of automated hiring tools and AI, providing HR and People Operations Leaders peace of mind that they have AI-related compliance covered.
Anthony has represented clients in a variety of complex litigation matters including artificial intelligence, assisting employees with disabilities in obtaining accessible technology and accommodations in the workplace, representing individuals who have been wrongfully convicted, commercial litigation disputes, and fighting workplace discrimination based on sexual orientation. He will be presenting on the impacts of AI in the workplace at the 2023 Maryland State Bar Association Legal Summit & Annual Meeting in June 2023. Anthony also wrote a blog series entitled, Algorithmically Excluded, where he discusses the use of AI in employment, the discriminatory impacts of such technology, and the legal rights of employees or prospective employees to be free from such treatment. Read the blog series here.
Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.