Partner Gary Phelen Weighs in on AI Bias in Hiring on Encore Roadmap Coffee Chat

HS&S Partner and employment attorney Gary Phelen appeared on Encore Roadmap's Coffee Chat webinar to discuss the rise of bias and discrimination in the age of AI and algorithmic hiring.

During the discussion, Phelan explored how artificial intelligence systems used in recruitment processes can perpetuate age discrimination, often screening out older applicants before human reviewers ever see their resumes. "Many companies don't realize that the AI tools they've adopted to streamline hiring may be filtering candidates based on age-related factors," Phelan explained. "Some employers are unknowingly contributing to discrimination through their technology."

Phelan highlighted the landmark class action lawsuit against Workday, a leading human resources software provider, which alleges that the platform's algorithms systematically disadvantage older job seekers. The case is particularly significant because it targets Workday as an agent of the employer, rather than solely pursuing the companies using the software.

As companies increasingly rely on AI to manage hiring at scale, Phelan emphasized the need for employers to audit their recruitment technologies for potential bias and ensure compliance with federal and state anti-discrimination laws.

Gary Phelan has extensive experience representing employees in age discrimination, wrongful termination, and civil rights matters. He previously served as Chair of the Connecticut Bar Association's Labor and Employment Law Section and is active with the National Employment Lawyers Association (NELA).