The new regulatory frontier: Using AI tools is about to become more difficult
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AI recruitment
Mark Konkel
Mark Konkel is a partner and chair of Kelley Drye’s labour and employment practice
Steven Nevolis
Steven Nevolis is a senior associate in Kelley Drye’s labour and employment practice

Employers can be forgiven for diverting their attention during the past three years to pressing pandemic-related employment issues – vaccine mandates, return-to-work challenges, managing hybrid workforces, with all the novel and thorny legal issues that emerged from a transformed workplace. But in an ever-changing employment law landscape, a new compliance challenge has emerged: federal, state, and local regulations governing the use of artificial intelligence (AI) in the hiring process. These new laws and regulations are a perfect storm for liability.