Advise an employer on using AI in hiring, pay, promotion and firing
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Summarise the employer's described tool, where it sits in the hiring or employment process, and the employment decisions it influences, for the lawyer to assess.
- What the lawyer must review
- The EEOC's 29 April 2024 explainer says the federal employment-discrimination statutes apply to AI in recruiting, screening, hiring, monitoring, pay, promotion and firing, whether the discrimination is intentional or a neutral practice with an unjustifiable disparate impact. You write the advice. You open the statute that matches the protected characteristic in issue, and any state automated-decision law that applies to this employer. Formal Opinion 512: you remain responsible for the advice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes summarising source material. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- 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.