WINTER 202 0 TODAY’S GENER AL COUNSEL
WORKPLACE ISSUES
AI and Automation Pose Challenges for General Counsel By Michael J. Lotito and Jim Paretti
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t is impossible to scan your inbox each morning without seeing a report, study or article predicting the impact of artificial intelligence in the workplace. Whether it’s the way AI and automation will transform the workplace by displacing millions of jobs and creating millions of others; the increased use of AI in areas such as hiring and recruitment, and the potential legal ramifications; or the impact of AI and automation on industry sectors that even five years ago might have seemed impervious to automation, the message is clear: A revolution is happening. With respect to general counsel, what does that mean for you and your company, and how can you best position yourself and your organization to face what we have termed the
Michael Lotito is a shareholder with Littler Mendelson and Co-Chair of the firm’s Workplace Policy Institute. He advises on emerging workplace issues, new legislation and shifting regulation. mlotito@littler.com Jim Paretti is a member of Littler’s Workplace Policy Institute. Prior to joining Littler, Paretti was Chief of Staff and senior counsel to the acting chair of the Equal Employment Opportunity Commission. jparetti@littler.com
coming TIDE™, or technology-induced displacement of employment? A report issued this summer by Oxford Economics estimated that up to 20 million manufacturing jobs may be replaced by robots — roughly 8.5 percent of the global manufacturing workforce. But it’s not only manufacturing and production jobs (or low-skill positions) that are likely to be displaced by AI. Banks, accounting firms, law firms and health care providers are all seeing their industries change.
It is almost certain that your company has a strategic plan, a plan for marketing, a disaster plan. Consider looking at automation the same way. Start thinking now about how your workplace may be changed. Review positions, consider skill sets and ask yourself, how likely is it that some or all of the skills needed or tasks performed in a given job may be automated? With respect to the workers in those positions, consider the following: Are we identifying these workers? What are we as a