Ground Rules: Employment Law Over Your Coffee Break

AI in the Hiring Process—Opportunities, Risks, and What Employers Need to Know

Season 1 Episode 35

In this episode of Ground Rules: Employment Law Over Your Coffee Break, Pam Howland, Doug Plass, and Jennifer Walrath are joined by our summer intern, Alisha Hopkins, for a timely look at how artificial intelligence is changing hiring—and where employers can stumble. From real-world misfires (like Amazon’s resume-screening example) to the EEOC’s iTutorGroup settlement and a fast-evolving patchwork of state and local rules, we unpack the legal risks, what’s on (and off) the books federally, and practical steps to use AI responsibly in recruiting.

Key Takeaways:

  • Bias isn’t hypothetical: AI can mirror historical inequities in training data and disadvantage protected groups—even when discrimination isn’t intended.
  • Liability still lands on employers: Companies can face claims if their AI screens out candidates unlawfully (e.g., the iTutorGroup settlement).
  • Laws to know now: Illinois’ AI Video Interview Act and NYC’s Local Law 144 (bias audits + notice) are already in effect.
  • What’s coming next: California (Oct. 1, 2025), Illinois (Jan. 1, 2026), and Colorado (Feb. 1, 2026) add expansive obligations like audits, risk management, and reporting.
  • Do this today: Conduct regular bias/impact audits, build a risk management and human-oversight layer, disclose AI use to applicants, and offer alternatives when possible.

*Ground Rules hosts and guests are not providing legal advice in this podcast. Do not act upon any of the information discussed in this podcast without first consulting a licensed attorney in your jurisdiction.*

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