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HR & PAYROLL

Home HR & Payroll Artificial Intelligence Compliance Risks for Employers! What
Should Employers Do to Avoid this New Compliance Risk?


ARTIFICIAL INTELLIGENCE COMPLIANCE RISKS FOR EMPLOYERS! WHAT SHOULD EMPLOYERS DO
TO AVOID THIS NEW COMPLIANCE RISK?

Live Webinar

 * SPEAKER
   
   Margie Faulk - PHR, SHRM-CP

 * DATE
   
   Oct 11, 2023

 * TIME
   
   15:00 PM EST

 * DURATION
   
   90 Min

$229.00
Book Now
 * Overview
 * Speaker
 * CEUs

Overview:

 

83% of employers and 99% of Fortune 500 companies use some type of automated
tool in their hiring processes, according to the Equal Employment Opportunity
Commission (EEOC).

 

Artificial intelligence (AI) is rapidly transforming the way many business
functions operate, and HR departments aren’t immune. AI is being used to
automate tasks, improve decision-making, and provide personalized experiences
for employees; however, as with any new technology, there are compliance issues
that need to be addressed when using AI in HR. And we all know the HR department
is certainly no stranger to compliance.

 

Employers can't rely on a vendor's assurances that its AI tool complies with
Title VII of the Civil Rights Act of 1964. If the tool results in an adverse
discriminatory impact, the employer may be held liable, the U.S. Equal
Employment Opportunity Commission (EEOC) clarified in new technical assistance
on May 18. The guidance explained the application of Title VII of the Civil
Rights Act of 1964 to automated systems that incorporate artificial intelligence
in a range of HR-related uses.

 

"First, front-line HR managers and procurement folks who routinely source AI
hiring tools do not understand the risks. Second, AI vendors will not usually
disclose their testing methods and will demand companies provide contractual
indemnification and bear all risk for the alleged adverse impact of the tools."

 

The EEOC puts the burden of compliance squarely on employers. "If an employer
administers a selection procedure, it may be responsible under Title VII if the
procedure discriminates on a basis prohibited by Title VII, even if the test was
developed by an outside vendor," the agency states in its technical assistance
guidance.

 

We are seeing companies experiment with using AI in the workplace, which often
raises questions like, how can employers use AI? Should hiring managers use AI?
What are the legal parameters around AI in the workplace?

 

A few key areas concerning AI for HR include recruiting, employee monitoring,
and data privacy.

 

Tools like resume scanners, chatbots, video interviewing software, and testing
software are often used during the recruiting or hiring process. While you might
not think about this as artificial intelligence since they have been around for
a while, they use different aspects of AI. These tools also save time and make
the job of the recruiter or hiring manager easier.

 

What else does AI impact in the workplace?


·       Privacy Breaches

·       Transparency

·       Accountability

·       Hiring & Selection

·       Discrimination

·       Violations of the American Disabilities Act (ADA)

·       Confidentiality & Data Privacy

 

States are also reviewing their exposure to AI and as a result, they already
have laws in place related to the use of artificial intelligence in the
workplace. This will impact Employers in multi-state locations, especially
remote employees.

 

Session Highlight:


·      Learn how AI impacts the workplace and what the risks are according to
the Equal Employment Opportunity Commission (EEOC) given discrimination         
        allegations.

·       Learn what the EEOC's new guidelines are for Employers to avoid risk
with the vendor tools they use to identify hiring and other AI software they use
to                streamline their processes.

·       Learn what court cases are pending that may determine the fate of known
Employers.

·       Learn what Employers can do to mitigate AI issues and concerns.

·       Learn what states already have AI regulations and what the penalties are
for violating those regulations.

·       Learn what policies Employers should have to avoid non-compliance due to
the AI tools they are using.

·       Learn how criminal background checks AI tools can violate Ban the Box
regulations.

·       Learn what safeguards Employers can put in place that will assist in
reducing compliance risks.

·      Learn how training of managers/supervisors and other professionals should
be mandated to attend training to circumvent inadvertent violations due to not 
         being prepared.

 

Why Should You Attend:

 

There have been significant court cases that are pending, and litigation is
expected to result in many challenges for Employers. Employers need to take
these cases seriously as well as federal and state regulations.

 

Current cases include Workday Inc., a maker of AI applicant screening software,
which is in the middle of a class action lawsuit that alleges its products
promote hiring discrimination. The lawsuit, filed in February 2023 alleges that
Workday engaged in illegal age, disability, and race discrimination by selling
its customers the company’s applicant-screening tools, which use biased AI
algorithms.

 

Other pending court cases will reveal the risk that Employers are taking. They
need to prepare to include policies to protect the company, consumers, and
employees.

 

Benefits For Attending:

 

This training will provide you with clarity on legal parameters around AI in the
workplace and how to comply & avoid court cases. In addition, each training I
offer free customized compliance tools for all attendees. Also get:


·       SHRM Recertification PDU Credits

·       Free customized compliance tools in the form of guides, templates,
policies, and toolkits

·       Additional HR Compliance Supplemental Slides

·       Free answer to all questions even after the training ends

 

Who Should Attend:


·       All Employers

·       Business Owners

·       Company Leadership

·       Compliance professionals

·       HR Professionals

·       Managers/Supervisors

·       Employers in all industries

·       Small Business Owners

·       Large Business Owners

 

Ask your question directly from our expert during the Q&A session following the
live event.

 




Margie Faulk is a senior level human resources professional with over 15 years
of HR management and compliance experience. A current Compliance Advisor for HR
Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for
major corporations and small businesses in the small, large, private, public,
Non-profit sectors and international compliance.  Margie has provided small to
large businesses with risk management strategies that protect companies and
reduces potential workplace fines and penalties from violation of employment
regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.

Margie’s area of expertise includes Criminal Background Screening Policies and
auditing, I-9 document correction and storage compliance, Immigration
compliance, employee handbook development, policy development, sexual harassment
investigations/certified training, SOX regulations, payroll compliance,
compliance consulting, monitoring US-based federal, state and local regulations,
employee relations issues, internal investigations, HR management, compliance
consulting, internal/external audits, and performance management.

Margie holds professional human resources certification (PHR) from the HR
Certification Institution (HRCI) and SHRM-CP certification from the Society for
Human Resources Management. Margie is a member of the Society of Corporate
Compliance & Ethics (SCCE).






1.5 SHRM-CP & 1.5 HRCI Credits


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