The Authors

Gerald L. Maatman Jr.
Gerald L. Maatman Jr.Duane Morris LLP
Chair Duane Morris’ Workplace Class Action group, Jerry has nearly four decades’ experience practicing law and has represented companies, executive teams, and boards across the country in class action litigation. He defended and won the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first  Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage & hour class and collective actions ever brought in Florida and New York. He received his JD from Northwestern University School of Law, where he has been an adjunct professor for more than 30 years.
Alex W. Karasik
Alex W. KarasikDuane Morris LLP
Alex is a core member of Duane Morris’ Workplace Class Action group. He defends businesses in employment law matters ranging from bet-the-company class actions to high-stakes single-plaintiff lawsuits and administrative charges. He represents clients in a broad range of industries, including restaurants, hotels, sporting venues, retailers, automotive manufacturers, logistics companies and staffing entities. Alex received Master of Communication Management and Bachelor of Arts degrees from the University of Southern California and his J.D. from Notre Dame Law School.
George J. Schaller
George J. SchallerDuane Morris LLP
George practices in the area of employment law with a focus on employment-related class action litigation. He defends businesses in matters ranging from nationwide class and collective actions to single-plaintiff lawsuits and administrative charges. He represents clients in across various industries, including restaurants, logistics companies, financial services companies, and staffing entities. He is a 2021 graduate of the University of Illinois Chicago School of Law.

Artificial Intelligence Litigation Risks in the Employment Discrimination Context

AI is here to stay. Whether companies choose AI technology for any “employment decision,” companies must keep themselves up to date on any issued guidance and must actively monitor AI tools to prevent any possible discriminatory outputs.

Abstract:

AI, and generative AI in particular, took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. Companies will continue to use AI as a resource to enhance decision-making processes for the foreseeable future. As these processes are fine-tuned, those who seek to harness the power of AI must be aware of the risks associated with its use. This article analyzes two novel AI lawsuits and highlights recent governmental guidance related to AI use. As the impact of AI is still developing, companies should recognize the types of claims apt to be brought for use of AI screening tools in the employment context and the implications of possible discriminatory conduct stemming from these tools.

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