September 24, 2021

Volume XI, Number 267

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Beyond E-Discovery: The Ethical & Legal Use Of Machine Learning Technologies

In contemporary litigation, “machine learning” and “predictive analytics” are phrases that are typically used in the context of e-discovery. However, as these technologies grow and evolve, so too will their application and utility in employment decisions and legal proceedings.

Predictive analytics, machine learning, and AI raise a number of privacy and ethics concerns in society, but when utilized properly, can prove to be an invaluable asset to clients both inside, and outside, the context of litigation. Indeed, employers are rapidly deploying these technologies across the employment spectrum, from identifying potential job candidates, conducting initial applicant screenings, tracking working time and attendance, identifying potential promotion candidates, as well as in workforce restructuring.

Employers definitely should embrace, and not fear, implementing these technologies, especially given their trajectory towards becoming essential to business in the modern era. However, like with any tool or asset, employers should be cognizant of how AI, machine learning and predictive analytics are designed, deployed, and monitored to avoid unintended biases and ensure compliance with applicable law. Taking a proactive and preventative approach to machine learning and predictive analytics is particularly important for developing defensible positions should the use of machine learning or predictive analytics be subjected to scrutiny in litigation, or otherwise.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 68
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About this Author

Todd Dobry Labor Lawyer Jackson Lewis Law Firm
Associate

Todd R. Dobry is an Associate in the Jacksonville, Florida, office of Jackson Lewis P.C. Mr. Dobry serves as both a counselor and litigator, working closely with employers to achieve their business and legal objectives.

Mr. Dobry regularly provides employers with legal advice in all areas of employment law, including litigation and preventative counseling. As a litigator, he has successfully represented clients throughout all stages of state and federal litigation, arbitration, and in state and federal administrative proceedings including defense of class...

904-638-2655
Associate

Taylor M. Napoli is an Associate in the Long Island, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

631-247-0404
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