Advise an employer on human review of decisions made with an artificial-intelligence tool
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List each hiring, promotion, pay or firing step that uses a tool, what the tool scores, and whether a person reviews the score before the decision. Write no sentence of the advice.
- What the lawyer must review
- You write the advice. The EEOC explainer dated 29 April 2024 says the federal employment-discrimination laws apply to artificial intelligence and other new technologies just as they apply to other employment practices. It describes intentional discrimination, including programming a resume screener to reject people based on a protected characteristic, and a seemingly neutral practice that has an unjustifiable disparate impact. Its examples include video-interview software that scores an applicant low because of speech patterns caused by a disability, and monitoring software with facial recognition that is less accurate for darker skin tones. Title VII (42 U.S.C. § 2000e-2(a)) prohibits discrimination in hiring and in terms, conditions or privileges of employment because of race, color, religion, sex or national origin. The ADA (42 U.S.C. § 12112(b)(6)) treats as discrimination the use of selection criteria that screen out an individual or a class of individuals with a disability unless the criteria are job-related and consistent with business necessity. The explainer does not say that a later human review cures a screen that the statute prohibits. You decide what review, if any, changes the legal result.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.