December 23, 2019
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Artificial Intelligence May Make HR's Job Easier, but Employment Discrimination Still Abounds

Proponents of artificial intelligence (AI) and machine learning have promised tools will usher in a new age of digitized work. AI tools can now be used scan thousands of documents and reduce repetitive work tasks, algorithms can predict your shopping habits and recommend products before you even think of them, and machine learning software can be trained to identify cancer from MRIs. Often, the creators and designers of these tools tout AI's supposed objectivity. However, what technologists are less interested in publicizing is how AI can be used to reinforce discriminatory policing, violate civil rights, enable employment discrimination and reinforce class, gender, and race disparities

In a recent New York Times op-ed, Dr. Ifeoma Ajunwa of Cornell's Industrial and Labor Relations School highlighted hiring companies and HR departments increased use of these tools. Ajunwa points out that employers are not merely utilizing these technologies to screen candidates, but  are actively barring candidates from being considered for employment. As an example, she posits a company that relies on a hiring algorithm trained to seek candidates without gaps in their employment. Ajunwa notes, such a stipulation would automatically screen out women applicants who have taken time off for child care or for those who have had long-term medical issues. And, because AI relies on specific rules created by humans, there is no way for the technology to check itself against employment law or ethical norms about employment discrimination. It would simply filter out applicants who don't meet the criteria.

Dr. Ajunwa is not the only one sounding the alarm about employers increasing reliance on AI and other tools, which creators purport to be objective. According to Cathy O'Neil, author of Weapons of Math Destruction, such algorithmic bias is common in hiring, especially in low-wage jobs where massive retail companies rely on sophisticated AIs that consider aspects of your life you would not think have any bearing on employment, such as your credit score, medical and mental health histories, personality tests, and driving record.

In recent years, several lawsuits and investigations regarding AI discrimination have appeared and several researchers in tech have started to develop methods to illuminate the hidden bias in machine learning and AI technologies. However, as Dr. Ajunwa notes, there are few concrete laws on the books that can protect applicants from algorithmic discrimination. Moreover, the Harvard Business Review cautioned that unlike other forms of employment testing, many of these AI-based tools remain empirically untested, leaving the door open to to ethical and legal problems.

Cuomo’s Textbook Violations of His Own Sexual Harassment Law

March 29, 2021
Sexual Harassment
Governor Cuomo, who boasted that “we are sending a strong message that time is up on sexual harassment in the workplace” doesn’t appear to have thought his own message applied to him. Read all about it in Senior Associate Alex Berke’s piece “Cuomo’s Textbook Violations of His Own Sexual Harassment Law” in the Daily Beast.

Berke-Weiss Law PLLC Releases Training Video Focused on Family and Medical Leave

March 22, 2021
Paid Family Leave
If you need to brush up on FMLA and other questions pertaining to leave, including how FMLA works with New York State Paid Family Leave, we have a new training video from an event with Park Slope Parents that provides answers to many issues about family and medical leave and what you need to know.

Is the Third Stimulus the Beginning of a Guaranteed Family Income?

March 11, 2021
Gender Discrimination
Tucked into 2021’s $1.9 trillion stimulus package is a provision that could have life-changing effects for families with children: an expansion and reworking of the child tax credit. Championed solo for nearly two decades by Representative Rosa DeLauro of Connecticut, the idea to expand the child tax credit has gained a new lease on life and more admirers as the pandemic and lockdowns have had a deleterious impact on families and children.

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