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Volume 35, Number 2


The ABA Journal of Labor & Employment Law has partnered with the Center for Labor and Employment Law at New York University School of Law to bring you this selection of articles from NYU’s 72nd Annual Conference on Labor on “Artificial Intelligence and Automation: Impact on Work and Workers


Labor & Employment

Adapting Our Anti-Discrimination Laws to Protect Workers’ Rights in the Age of Algorithmic Employment Assessments and Evolving Workplace Technology

As businesses begin to rehire as the economy recovers, new hiring assessment technology systems are becoming increasingly attractive to employers as an alternative to in-person interactions during the COVID-19 pandemic. To screen a flood of online job applications efficiently, major employers are using predictive hiring tools that screen and rank resumes, assess candidates through online games, and conduct video interviews that analyze applicants’ facial expressions. Yet these employment screens and evaluation systems raise critical legal questions.

Labor & Employment

Fairness in Algorithmic Employment Selection: How to Comply with Title VII

Large employers routinely receive a greater volume of applications than they can reasonably review. In search of candidates with highly coveted skills or diverse backgrounds and experience, these same employers often actively invite an even greater flow of applicants into their pipelines for consideration. For large employers hoping to hire the very best and brightest in order to elevate their organization’s productivity and competitive advantage, the challenge is how to select, among the pool of interested candidates, a more reasonably sized subgroup of applicants for more careful consideration.

Labor & Employment

Artificial Intelligence and the Challenges of Workplace Discrimination and Privacy

The term artificial intelligence (AI) was coined in the 1950s, but the concept has piqued humanity’s interest both before and since. Initially relegated to science fiction and futuristic fantasies, recent technological leaps have made AI commonplace. We rely on these systems every day when we check the weather, read the news, navigate voice mail, or get directions. These systems also increasingly guide or replace human decision-making in important domains like medical care, criminal law enforcement, finance, and employment.

Labor & Employment

Attorney Competence in the Algorithm Age

Without much fanfare, in 2014, Amazon began building an automated hiring system to review resumes to more efficiently and effectively search for top talent. Much like how their shoppers rate products on Amazon, the AI hiring tool gave candidates scores from one to five stars, which Amazon hoped would lead them to choosing the best candidates for their jobs. A major problem became apparent within a year: for their software developer jobs, the program discriminated against women, to the benefit of hiring men, and Amazon scrapped the project.