I am pleased to announce that my paper, tentatively titled “Countering Bias in Expert HR Systems: A Guide for In-House Counsel,” has been accepted for publication in the International In-house Counsel Journal.
The paper will present a very user-friendly guide to understanding and managing the risk from expert HR systems. As I’ve argued in this blog, management-side employment counsel must get deep under the hood of expert systems designed to perform evaluative functions on candidates and employees. From procurement to deployment, counsel must be equipped to understand the bias that will likely (unintentionally) creep into algorithmic decision-making and to manage the risk of such bias.
I was just at the 2015 ABA National Symposium on Technology and Employment Law and had the privilege of participating in a panel about big bata and bias in employment law. The conference was really, hour for hour, two of the most valuable days of my legal career.
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It has been widely reported that EEOC Assistant Legal Counsel Carol Miaskoff, when addressing a conference on big data, shared her belief that employers should be concerned with the disparate impact of their employment-related data mining and analysis.
I am not convinced that she is right. I don’t think disparate impact will be the theory on which plaintiffs successfully attack big data in employment — I think it will be on a theory of intentional discrimination through proof of a discriminatory “pattern and practice.”
Continue reading “EEOC, Big Data and Disparate Impact: Barking up the Wrong Tree”
2015 will see the broadening and deepening of the transformation of tech-related employment law.
Here are eight reasons why:
Continue reading “8 Trends in the Transformation of Tech-Related Employment Law”
The Americans with Disabilities Act (ADA) is often overlooked in employment-related technology development, acquisition and deployment. As new and emerging technologies enter the workplace (see my earlier post, here) there are several key considerations related to the ADA to bear in mind.
Continue reading “ADA and Emerging Tech: Key Considerations for Employers”