Managing Legal Risk in AI-Driven Employment Decisions

Artificial intelligence (AI) is increasingly shaping employment decisions, from hiring and screening to promotions and other workforce assessments. As employers evaluate and deploy automated tools, they face a rapidly evolving legal landscape involving disparate impact, disability discrimination, state and local notice and audit requirements, vendor oversight, and emerging litigation testing how traditional employment-law theories apply to AI-driven decision-making. 

Join members of McDermott Will & Schulte’s Employment Group for a practical discussion of how AI is being used in employment decisions, the legal and compliance risks these tools may create, and steps organizations can take to strengthen governance, vendor management, accommodations processes, and audit readiness. 

Discussion topics will include: 

• The current AI landscape for hiring, screening, promotion, and other employment decision-making tools 

• Key legal risks under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, with a focus on disparate impact and disability-discrimination considerations 

• Employer and vendor liability issues, along with practical considerations for due diligence, contracting, and oversight  

• State and local compliance requirements related to notice, consent, bias audits, and accommodation processes 
• Recent litigation and developments to watch, such as preemption issues, and emerging challenges to AI hiring tools

Continuing legal education (CLE) credit is pending. McDermott Will & Schulte LLP is an approved provider and can provide credit in California, Illinois, and New York. McDermott Will & Schulte is a sponsor and will apply for credit in Delaware, Florida, Georgia, Tennessee, Texas, and Virginia when lawyers licensed in these jurisdictions are in attendance. We can issue reciprocal credit for lawyers licensed in Connecticut and New Jersey. For all other jurisdictions not listed, attendees will be provided with a Universal Certificate of Attendance that they may use to self-apply for CLE credit in their state of admission. Attendees should contact their state’s CLE board for current rules, regulations, and guidance.