Philadelphia Partner Authors Article on the Potential Rise in Litigation Stemming from the Use of AI in Human Resources

In a bylined article in Law.com David Walton wrote that 70% of HR departments are using people analytics because they are incredibly good at both analyzing and predicting human behavior. From using AI to track employee patterns of conduct to controlling healthcare costs, he also discusses the downside of companies using data to choose, recruit and retain employees.

“A major risk of all this, of course, is discrimination lawsuits,” he wrote. “At their core, AI and analytics are supposed to be purely objective. But that’s not always the case. If an AI tool or predictive model is built using the profiles of past, successful employees, the tool will look for characteristics of those types of people. If these ‘successful’ employees are not diverse, the tool will favor non-diverse candidates.” 

According to David, companies need to “understand the risks and plan for litigation that will surely follow.”

Read the full article on Law.com (subscription required).