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Media Mention

The risks of the Workday AI lawsuit for banks

American Banker

Portrait of Karina B. Sterman

Employment Partner Karina Sterman shared her insights with American Banker on the class-action lawsuit against human resources software company Workday involving alleged AI hiring discrimination.

Excerpts:

Proxies for age discrimination include terms like "energetic," "eager" and "excited" — "these are all code words for 'young,' and so if the AI tool is not properly vetted, it might also interpret that as you are looking for someone young, and it may have an implicit bias," Karina Sterman, partner at Greenberg Glusker, which is unconnected with this case, told American Banker. "Even without that, by virtue of describing this as 'high energy,' 'really fast-paced,' 'requires-a-lot-of-stamina' work, [an AI model] might assume that you want somebody younger to comply with these kinds of criteria, and it might automatically dump somebody who, based on their resume, is more than 10 years out of college."