New AI Tools, New Risks: Legal Insights for Assessment in a Changing Landscape

Artificial intelligence (AI) continues to rapidly transform the design, development, and delivery of personnel assessments, while simultaneously introducing novel challenges and risks for organizations, employees, and job applicants. Two former chairs of the Equal Employment Opportunity Commission (EEOC) with plaintiff and defendant perspectives, along with an I-O psychologist with litigation expert witness experience, will provide an update on the current legal landscape for assessment.

Participants will explore how emerging AI-enabled tools (e.g., algorithmic decision-making, AI-generated assessment content) intersect with established legal frameworks for the use of personnel assessments. Recent federal, state, and local regulatory developments, relevant litigation matters, and agency enforcement strategies and trends will be discussed. The presenters will share perspectives on the current state of disparate impact law under Title VII, disability-related considerations, and audit and data privacy obligations. Finally, the program will highlight best practices for developing job related, legally compliant assessment procedures. Attendees will leave with a clearer understanding of the current risks of AI in an increasingly complex and dynamic regulatory environment, and critical considerations for identifying, communicating, and mitigating legal risk while responsibly deploying assessment technologies.

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