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All employers need AI workplace policies to manage benefits, risks

March 2025 employment law letter
Authors: 

Emily E. Brodner, The Burgess Law Group

Artificial intelligence (AI) is reshaping the workplace, helping businesses streamline hiring, evaluate performance, and boost productivity. While AI offers efficiency and innovation, it also brings legal risks, particularly in hiring discrimination, data privacy, and intellectual property protection. Employers must address these challenges to ensure fair and secure AI use in the workplace. This article highlights the key legal concerns and best practices for integrating AI into your workplace.

What is AI?

AI refers to technology that can analyze data, identify patterns, and make decisions—tasks traditionally requiring human intelligence. One of the most common types of AI used in workplaces is machine learning, where systems learn from past data to improve decision-making over time. Employers often use AI-driven hiring tools to screen résumés and predict candidate success.

Another type, generative AI, creates new content such as reports, emails, and images. Tools like ChatGPT and other AI assistants are increasingly used to automate tasks. However, their accuracy and reliability vary, raising concerns about misinformation and inappropriate use in workplace settings.

How can AI lead to hiring discrimination?

Federal and state laws prohibit employment discrimination based on race, gender, age, disability, and other protected characteristics. These protections apply to AI-driven hiring decisions just as they do to traditional hiring methods.

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