AI has already had an untold effect on a variety of industries. In the Human Resource (HR) arena alone, managers are using AI to help with the hiring process. AI is also doing job performance evaluations and deciding who qualifies for promotions — and who gets a demotion or termination.
What does that mean for the future of business? The Society for Human Resource Management (SHRM) claimed last year that, “AI-related lawsuits are coming.” As AI comes a little closer to office and home, we will likely see some landmark cases come to the forefront. Now is the time to proactively consider your company’s approach to the inevitable.
Questions to consider about AI and liability
AI has only begun to present business owners with new things to consider. Here are three examples:
- Autonomous Vehicles (AV): AVs are driverless cars. AI is doing the driving. A company called Optimus Ride announced at the end of July that they had received a $4.3 million grant from the Department of Energy (DOE) to launch the largest AV fleets in the US for research. If and when something goes wrong and an AV is involved in an accident, is the business owner of the fleet liable?
- AI and HR: Amazon’s attempt at automating its recruiting process taught us that AI can have built-in biases based upon the data that they have received and learned from. In this case, the majority of the resumes that were fed to the AI were from male candidates, and AI learned to have a bias in its preference for male applicants. In 2020, Indiana passed the Artificial Intelligence Video Interview Act, in an attempt to get ahead of the curve.
- AI fakes: The University College of London made an algorithm that allows AI to accurately copy someone’s handwriting. Additionally, “deep fakes” have gained popularity by literally putting words in people’s mouths. Deep fakes change a person’s face to someone else’s face and match their voice with fake words.
AI has already presented many complex and confusing situations for business owners looking to avoid going to court as a plaintiff or defendant. When proactively safeguarding your rights, it can be helpful to have professional guidance that is experienced in litigation.