As a wave of new legislation on artificial intelligence use in the workplace looms ahead, Kelly Dobbs Bunting, a shareholder at management-side law firm Greenberg Traurig LLP, urged attendees Tuesday at the Society for Human Resources Management annual conference in Las Vegas to be transparent about their use of AI and to keep abreast of new legislation to ensure compliance and avoid litigation.
Dobbs Bunting shared five best practices employers can use to protect themselves when adopting AI.
1. Provide notice before using AI software in human resources functions.
“Don’t wait to be told to do it. Let [employees] know you’re using AI,” she said.
2. Obtain employee consent.
Companies can use something like DocuSign for employees to easily give consent, she said.
3. Confirm AI vendor compliance.
The U.S. Equal Employment Opportunity Commission in May provided guidance that warned employers that they could be responsible for discrimination in AI tools, even if they are created and operated by a vendor.
4. Conduct bias audits on a regular basis.
Keep records of those audits and the results, Dobbs Bunting said.
5. Maintain awareness of different laws in different jurisdictions.
More than 160 bills and regulations on AI are being considered in states across the country, she said.