1、WHITE PAPERAI at Work:Navigating the Legal Landscape of Automated Decision-Making Tools in EmploymentFederal and state regulators are increasingly focusing their attention on artificial intelli-gence(“AI”)tools,including the use of automated decision-making tools in employment.This White Paper explo

2、res current uses of AI in the workplace,focusing on the use of automated decision-making tools by employers during the recruiting and hiring process;examines the legal and regulatory risks associated with increased use of AI in employ-ment;discusses employment policy considerations associated with e

3、mployee use of AI-powered chatbots;and offers tangible solutions for employers seeking to reduce litiga-tion risk and stay one step ahead while remaining in compliance with existing laws and emerging legislation.July 20231Jones Day White PaperThe growing use of AI to make employment decisions has dr

4、awn the attention of lawmakers and regulators,who are con-cerned about privacy,the possibility of algorithmic bias,and the impacts of automation.On October 28,2021,the Equal Employment Opportunity Commission(“EEOC”)announced the launch of a new initiative to“ensure that AI and other emerging tools u

5、sed in hiring and other employment deci-sions comply with federal civil rights laws that the agency enforces.”1 In May 2022,the DOJ Civil Rights Division and the EEOC each issued a technical assistance document regarding AI and the potential for disability discrimination in the employ-ment context.2

6、 In April of this year,officials from the EEOC and other agencies that enforce employment,fair lending,and fair housing laws issued a joint statement pledging“to use their enforcement authorities to ensure AI does not become a high-tech pathway to discrimination.”On May 18 of this year,the EEOC rele