FortneyScott continues to play a key role in the developments involving the use of Artificial Intelligence (“AI”) in employment.

Most recently, FortneyScott played a crucial role in the creation of the, “Technical Advisory Committee Report on EEO and DEI&A Considerations in the Use of Artificial Intelligence in Employment Decision Making,” (the “Report”). As outlined in the Summary, the Report provides a series of findings and recommendations for employers to lawfully use AI-enabled tools within the current regulatory and legal framework for equal employment opportunity (“EEO”) and non-discrimination. 

The Report was issued by the nonprofit, employer-organization, The Institute for Workplace Equality (“The Institute”) in late December. It was drafted by a cross-disciplinary committee of legal professionals, industrial and organizational psychologists, and data scientists (“Artificial Intelligence Technical Advisory Committee” or “AI TAC”), and chaired by Victoria A. Lipnic, Esq., former Commissioner and former Acting Chair of the EEOC. 

David Fortney, co-founder of The Institute, was a driving force behind the creation of the AI-TAC and the Report. Other members of the FortneyScott team played vital roles in the release of this Report. Savanna Shuntich, an associate with FortneyScott, was a member of the subcommittee that authored the Uniform Guidelines on Employee Selection Procedures (“UGESP”) section of the Report, and Adriana Joens, a law clerk with FortneyScott, was a researcher and on the editorial committee. 

AI tools used in employment are drawing attention from regulators including the Federal Trade Commission and the Equal Employment Opportunity Commission. Employers using AI tools in selections can look to this report for recommendations of how to utilize the technology to drive successful hiring while avoiding running afoul of regulators.

FortneyScott is proud of its contributions to the Report and our attorneys would be happy to address any questions you may relating to the use of AI in employment.