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Schedule An Initial Consultation: 720-759-2795

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  5. Artificial intelligence can lead to workplace discrimination

Artificial intelligence can lead to workplace discrimination

On Behalf of Colorado Employee Advocates | Jan 16, 2025 | Discrimination

As technology advances and more workplaces are using it to improve efficiency, it also has its drawbacks. In Colorado, lawmakers have taken steps to mitigate its potential detrimental effects by passing the first law in the nation to prevent artificial intelligence from being discriminatory.

While workers and prospective employees are undoubtedly aware of how AI is used to screen applicants, they might not recognize when they have been eliminated, terminated, penalized, denied promotions or faced other ramifications because of it. Being aware of when this has happened can be essential to being treated fairly. When any employment violations have occurred, knowing how to hold employers accountable is key.

AI discrimination law is still being fine-tuned

Colorado’s anti-discrimination AI law will not go into effect until 2026. That gives plenty of time to ensure it covers all the bases to protect workers. In addition, employees can do all they can to realize when they might have been hindered in their professional endeavors by AI discrimination.

The law’s objective is to limit how AI is used in various decisions, including employment. There is a task force assessing the issue. It will craft a report for lawmakers to move forward with the law and make sure it is all-encompassing. Various advocacy groups who are frequently the target of discrimination want to prevent attempts to skirt the law.

A New York law about AI in employment decisions was referenced as to how software should be configured to avoid discrimination. It mandates that employers using AI to screen prospective employees must audit their software and look for bias that could eliminate otherwise qualified applicants.

Since Colorado is at the forefront of passing legislation designed to keep AI from discriminating, the state wants to make sure it is looking at all potential circumstances where both workers and employers are protected from misinterpretation. AI is not perceived as the enemy, but with these tools, the program does what it is asked to do without regard to fairness. People harmed by this or any other form of discrimination need to be cognizant of their rights.

Having guidance is a key part of addressing workplace discrimination

A person might have faced negative implications on the job because of their age, race, national origin, sexual orientation, gender identity, gender or any other protected category. These are reasonably common instances of workplace discrimination. AI is somewhat new and could have a more understated impact. Those who believe they have been discriminated against in any way should know their rights and have advice with how to move forward.

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