If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize.  A survey of 1,342 full-time manager-level employees commissioned by ResumeBuilder.com revealed some eye-popping results.  Roughly 60% of respondents said they relied on AI to make decisions about direct reports, including regarding such consequential decisions as raises, promotions, layoffs and terminations.  And while most reported using AI simply as a tool to assist with these decisions, 20% admitted to letting AI make decisions without human input either “all of the time” or “often.”

Many of the survey respondents appeared to be using AI tools for these purposes with little to no established limits or guidance.  24% of those using AI said they received “no training at all” on how to ethically use AI in managing people, and among those who reported at least some training, a majority described that training as “informal.”  Additionally, most respondents reported primarily using general purpose chatbots for these purposes, rather than using tools specifically designed for managing employees.

While some employers may benefit (perhaps substantially) from integrating AI tools into people management, employers should be concerned about the type of use indicated by the survey, which may expose organizations to unnecessary risk.  It appears that employers themselves may be unaware of the risks, as a majority of respondents indicated their company encourages them to use AI in managing their reports.

If not deployed with care, AI tools may create unintended disparate impacts that implicate equal employment opportunity laws (such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and similar state laws), subject the employer to onerous bias audit requirements, or potentially violate other employment laws (such as state laws regarding the use of lie detector tests).  For a detailed discussion of these risks, we recommend you check out our four-part podcast series, AI at Work.

Employers would be well-advised to limit the use of AI for people management only to approved uses that are clearly defined.  Potential use cases should be carefully vetted (including with legal counsel) and employees should be trained regarding appropriate uses of AI tools to mitigate these risks.  Employers should also establish clear policies and procedures governing the use of AI for HR functions.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.

Photo of Jonathan Slowik Jonathan Slowik

Jonathan Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class, collective, and representative actions, including those under the Private Attorneys General Act (PAGA). He has defended dozens of class, collective, and representative actions in state…

Jonathan Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class, collective, and representative actions, including those under the Private Attorneys General Act (PAGA). He has defended dozens of class, collective, and representative actions in state and federal trial and appellate courts throughout California and beyond. In addition to his core wage and hour work, Jonathan has defended employers in single-plaintiff discrimination, harassment, and retaliation cases, and in labor arbitrations. Jonathan also regularly advises clients on a wide range of compliance issues and on employment issues arising in corporate transactions.

Jonathan has deep experience representing clients in the retail and hospitality industries, but has assisted all types of clients, including those in the health care, telecommunications, finance, media, entertainment, professional services, manufacturing, sports, nonprofit, and information technology industries.

Jonathan is a frequent contributor to Proskauer’s California Employment Law Blog and has written extensively about PAGA on various platforms. He has been published or quoted in Law360, the Daily Journal, the California Lawyer, the Northern California Record, and the UCLA Law Review.

Jonathan received his B.A. from the University of Southern California in 2007, magna cum laude, and J.D. from UCLA School of Law in 2012, where he was a managing editor of the UCLA Law Review.