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AI best practices when making employment decisions
2024-11-21T06:00:00Z
Companies increasingly use AI (short for Artificial Intelligence) and other automated systems. Sometimes, they use them to decide whether to hire or fire someone. Because AI is changing so fast, companies should consider the best ways to use it. Here are some dos and don'ts for employers to consider: Dos:
- Identify and document the employment decisions that AI helps with and make sure it doesn’t violate employment laws.
- Tell job candidates and employees how it works and what information it uses if AI plays a big part in making job decisions,
- People should be able to question decisions that affect them negatively. An HR administrator should be able to reconsider the decision in a fair and effective way. Employers should carefully document this and train the proper people.
- Audit the AI system regularly, using an independent service. Monitor how it affects workers' rights under laws such as the Fair Labor Standards Act and the Occupational Safety and Health Act. Make the audit information transparent, but make sure to protect people's privacy and not share business secrets.
- Tell employees ahead of time if you plan to use AI that will affect them. Explain what the AI does, how they will interact with it, and how it will be used to check them or make major employment decisions.
Don'ts:
- Don't use only AI and automatic systems, or the information they collect, to make important employment decisions. Make sure a human is also involved.
- Don't use AI to cut wages, break time, benefits, or protections that employees have a legal right to, such as leave and accommodations under both federal and state laws.
- Don't keep or use employee data that isn't needed for a clear business purpose. Be mindful of laws about collecting and keeping information about employee disabilities or family medical history such as the Americans with Disabilities Act, the Family and Medical Leave Act, the Pregnant Workers Fairness Act, and the Genetic Information Nondiscrimination Act.
Key to remember: Employers that use AI still have to follow federal employment laws such as the Fair Labor Standards Act and any other applicable employment laws.