Artificial intelligence (AI) is becoming a part of everyday life for many people, and it is quickly infiltrating almost every area of personal and professional life. Employers are increasingly relying on certain automated tools to handle various human resource tasks. This can include things like screening resumes, evaluating interviews or predicting certain employee performance metrics. While this might seem efficient, there are serious questions that stem from using AI for these tasks.
In Texas, lawmakers have taken steps to prevent AI from being used to make decisions that are based on discriminatory factors. While it’s true that most AI programs won’t make decisions with the intent of discriminating against anyone, they rely on data that’s created by humans. In some cases, this may inadvertently mean that historical data shows certain discriminatory trends that the AI program reads may be continued simply because the program wants to continue data trends.
Risks of AI usage in employment decisions
AI usage in employment decisions can be risky because the programs may favor applicants whose backgrounds resemble those of employees who have been successful in the past. This could be exclusionary, particularly in industries that have historically lacked diversity, which can lead to legal and ethical challenges.
Instead of fully banning AI usage in employment decisions, the Texas Legislature is focusing on exploring the benefits and risks of AI and setting up safeguards to protect employees. For companies, it is critical to find the balance between improved efficiency through AI usage and protecting applicants and employees.
When AI is the root cause of discriminatory decisions by an employer, the employee may decide to take legal action. This is a newer area of law, but it is one that can still offer protection for employees. Working with someone familiar with employment laws in Texas may be beneficial.