Attorney Sara Jodka Quoted in Financial Post Article on Artificial Intelligence in the Workplace

Attorney Sara Jodka was recently quoted in an article entitled “When sexist, racist robots discriminate, are their owners at fault?” published in the Financial Post. The article examines if employers can be held legally accountable for artificial intelligence (AI) software biases.

Some experts claim that AI is increasingly biased against women and non-white people. Even robots, they claim, are being sexist and racist. The bias may not be deliberate, but rather they may have an unconscious bias that was instituted during the development of the software.

Ms. Jodka, who offers preventative counselling services to employers, says employers should “look under the hood” of the technology and determine that the software uses an appropriate range of “data sets,” the criteria fed into the software that power its determinations.

“Because it may be hard to determine precisely the extent to which the developers or the data sets are prone to blind biases, employers should contract around liability by demanding tight clauses fully indemnifying them against damages occasioned by discriminatory technology,” says Ms. Jodka.

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