Earlier this year, the Commonwealth of Pennsylvania unveiled the results of its first-in-the-nation Generative Artificial Intelligence (AI) Pilot Program. Within this Program, over the course of one year, 175 employees from 14 different agencies used ChatGPT Enterprise to assess the impact of AI on productivity in state government. Learn how the findings of this program have implications for AI and employment law.
PA AI Pilot Program results and responses
The results of the program were promising:
- Employees reported saving an average of 95 minutes per day that would normally be spent on administrative duties.
- Employees also noted that they had highly-positive experiences engaging in AI-assisted work, which allowed them to focus on more complex, high-value tasks.
- AI was also found to improve the efficiency of the workforce, allowing tasks to be completed more quickly.
Overall, these results demonstrate the potential utility of artificial intelligence in American workplaces.
However, such overwhelmingly-positive results also likely contribute to the growing societal concern that AI is becoming so useful that it threatens to displace jobs. Undoubtedly motivated by this growing, understandable concern, Governor Shapiro emphasized: “This pilot program showed that when used thoughtfully, generative AI can help employees save time, streamline processes, and improve services for Pennsylvanians. But let me be clear—AI will never replace our workers. Instead, we’re equipping them with the best tools to do what they do best: get stuff done for Pennsylvanians.”
The feedback of the Program’s participants mirrored the Governor’s sentiments, with many emphasizing that AI only augments human expertise, instead of replacing it. In other words, AI is to serve as a job enhancer, rather than a job replacer. Human review and judgment remains essential.
AI and employment law: relevant laws
Indeed, when it comes to implementation of AI in the workforce and compliance with anti-discrimination laws, this approach rings true. While AI has the capabilities to make an organization’s life easier and more efficient, if left unchecked, it could also harm the organization by inadvertently violating such laws.
When it comes to AI and employment law, here are some anti-discrimination laws to pay attention to:
Title VII of the Civil Rights Act of 1964 (Title VII)
What is it?
- Federal law prohibiting workplace discrimination based on an individual’s protected membership in one of the following protected classes: race, color, religion, sex (pregnancy, gender identity, sexual orientation), and national origin.
Potential AI-Related Risks
- If AI is employed without human supervision for hiring or any other practice that leads to applicants or employees of the organization being treated or impacted differently on the basis of their protected class, this could constitute a violation of the organization’s duties under Title VII.
The Americans with Disabilities Act (ADA)
What is it?
- Federal law prohibiting discrimination against individuals with disabilities in their employment and requiring that the employees/applicants be provided with “reasonable accommodations” that would enable them to fulfill their duties.
Potential AI-Related Risks
- AI, alone, may not be able to consider whether a candidate or employee is able to fulfill their obligations with the help of a reasonable accommodation. AI’s failure to do so could run afoul the ADA’s requirements.
The Age Discrimination in Employment Act of 1967 (ADEA)
What is it?
- Federal law prohibiting discrimination against employees and applicants aged 40 or older in areas such as hiring, firing, pay, promotion, job assignment, and benefits.
Potential AI-Related Risks
- If an organization’s AI opts to use age to screen out applicants, determine, pay, or make job placements, for instance, these actions could place the organization at risk for ADEA non-compliance.
Support for balancing AI and employment law
The use of AI in the workplace can be a boon to an organization and its employees. However, if left unchecked and unmonitored, AI can also wreak legal havoc on that organization. Therefore, employers must take great care to monitor the use of AI in their workplaces, especially when it comes to hiring practices, to ensure that compliance with anti-discrimination laws are maintained.
Nevertheless, this fact highlights how there remains a “human” aspect to AI that cannot yet be replaced. While AI is an invaluable tool, that’s what it is: a tool; and a tool is nothing without an individual to use it.
If you have specific questions about how to incorporate legally-compliant, AI-related practices into your workplace or organization, our experienced Labor & Employment Law attorneys can help you determine how to best implement this technology without sacrificing your company’s needs, goals, and opportunities.
