2024 DMEC FMLA/ADA Employer Compliance Conference: Artificial Intelligence - Implementing AI Workplace Tools in a Sea of Uncertainty

Post COVID, companies have more rapidly embraced digital, paperless platforms to communicate with customers, applicants, and employees. These digital platforms include consumer websites, mobile apps, cloud-based software for human capital management, software for performing essential job functions, and artificial intelligence (AI) tools used during the recruiting and application process. While the convenience and cost-effectiveness of these electronic platforms is apparent and even essential to the way a company does business, how disabled individuals can use these digital platforms poses vexing and frequently unanticipated legal issues under the Americans with Disabilities Act and analogous state and local law requiring companies to make their digital properties accessible and useable to disabled individuals. This session will review the EEOC identified legal risks associated with an employer's use of AI and the unique problems that arise when exploring accommodations for the use of software the employer doesn't own.

• Current legal landscape of consumer website accessibility issues
• The legal risks under the ADA in an employer's use of AI as identified by the EEOC
• Unique problems that arise when exploring accommodations for the use of software the employer doesn't own