I would hope it is going to be uncommon (or non-existent) for AI to be deliberately designed to discriminate unlawfully in choosing candidates for jobs. More likely though is a situation where the AI application has unintended discriminatory consequences, thereby leading to potential indirect discrimination claims from unsuccessful applicants.

How will liability potentially arise for employers and AI service providers in these circumstances? What scope is there for criminal offences in this space? This is a potentially happy hunting ground for class action seeking claimant lawyers and a trap for employers.

Amanda Sanders and I delve into these issues during our recent on-demand webinar as part of our series of employment hot topics. The liability issues we discuss highlight the need for legal due diligence on these applications before they are released for use in the workplace, as well as appropriate risk management.