Stock illustration: Robot putting human in place. Credit: Alexander Limbach/Shutterstock.com

A sobering message from Washington highlights the risk that employers may violate the Americans with Disabilities Act (ADA) when they use artificial intelligence (AI) programs to help with employment decisions. Recent notices from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) about the potential for disability discrimination when employers use AI and algorithms to evaluate job applicants emphasize the complexity of avoiding discriminatory conduct, some employment lawyers have said.

"I'm generally a relatively conservative employment adviser, and AI personally makes me pretty nervous," said Lee Moylan, an employment lawyer at Klehr Harrison Harvey Branzburg in Philadelphia.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.