AI Tools and Labor Law: Legal Guardrails and Looming Minefields

AI Tools and Labor Law: Legal Guardrails and Looming Minefields

Author: Legal Talk Network August 18, 2026 Duration: 44:17
How is AI finding its way into the legal arena of labor and employment law, and how well do you understand this emerging field and the potential perils? Guests Nina T. Pirrotti and Daniel A. Schwartz are both experienced labor and employment attorneys who have encountered AI in the scope of their work and are sorting through the federal legal vacuum and emerging state laws. What they’ve found are AI programs that take inputs, analyze them, and provide recommendations in employment and labor relations. This can include scanning resumes, drafting job descriptions, performance reviews, summarizing documents, and even sending rejection letters. Are computers replacing human judgment? And it’s not just employers using AI. Job seekers are learning to use AI to create resumes and cover letters that match job descriptions, even burying coding inside applications designed to convince the AI screener to select them for an interview. “It truly is an AI arms race,” Pirrotti says. Job seekers use AI to flood the market with applications, and employers are so overwhelmed they use AI to screen them. But AI isn’t perfect. In a drive for efficiency, AI has the potential to discriminate against people who may be qualified but have a disability, be neurodivergent, or simply not meet the “norms” a program has been trained to see. There are legal minefields (and potential liabilities) out there. Is there a class action suit just itching to be filed?   REFERENCES MENTIONED:  “Title VII of the Civil Rights Act of 1964” “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” U.S. Department of Justice Civil Rights Division “Griggs v. Duke Power Co.” Wikipedia “Derek Mobley v. Workday Inc.,” Findlaw “Connecticut’s AI Responsibility and Transparency Act: Key Impacts on the Workplace,” Shipman & Goodwin  “Automated Employment Decision Tools (AEDT),” New York City government “The Harper v. Sirius XM Lawsuit: What the US Legal Case Means for UK and EU Organizations” Hair.Ventures  The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  

Hosted by the Legal Talk Network, ABA Labor and Employment Law Podcast digs into the complex human and legal stories behind today's workplace headlines. Each episode moves beyond soundbites by bringing together guests who hold opposing viewpoints on a current labor or employment issue, fostering a genuine dialogue that respects both sides of the negotiating table. This approach creates a space where nuanced arguments can unfold, allowing you to hear the rationale and concerns that shape real-world policies and disputes. Whether it's a debate on remote work regulations, unionization efforts, or shifting discrimination statutes, the conversation is designed to challenge assumptions and deepen understanding. By consistently presenting balanced perspectives, this podcast serves as an invaluable resource for professionals needing to stay informed, as well as for anyone curious about the forces shaping their own work environment. Tune in for a clear-eyed examination of the rules that govern our jobs and the people who debate them.
Author: Language: English Episodes: 14

ABA Labor and Employment Law Podcast
Podcast Episodes
Social Media and the Workplace: Free Speech Meets Employment Law [not-audio_url] [/not-audio_url]

Duration: 47:40
Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment att…
Religious Employers and Employment Law: Whose Rights? [not-audio_url] [/not-audio_url]

Duration: 41:49
Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the wo…
Where Immigration and Employment Laws Collide, A Global Perspective [not-audio_url] [/not-audio_url]

Duration: 48:34
Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing work…
Get the Scoop! The ABA LEL Section Annual Conference, Nov. 12-15 [not-audio_url] [/not-audio_url]

Duration: 22:14
The 2025 ABA Labor and Employment Section annual conference is scheduled for Nov. 12-15 in Denver. In this episode, get a preview of the conference from planning committee co-chair Jeremy Glenn, host committee co-chair A…
Is DEI D-E-A-D? How Workplace Diversity Initiatives Are Being Reshaped [not-audio_url] [/not-audio_url]

Duration: 44:09
Diversity, equity, and inclusivity initiatives, DEI, have been under scrutiny in the past year. Is DEI “dead” or simply “evolving under pressure?” Guests Stephanie Jones and Joan Willaims – with decades of scholarship an…
National Labor Relations Law Facing New Court Challenges [not-audio_url] [/not-audio_url]

Duration: 48:50
The National Labor Relations Act recently turned 90 years old, but there appear to be a series of new “what’s old is new again” challenges to the constitutionality of National Labor Relations Board’s powers, a replay of…
Immigration and Employment Law, Today’s Tangled Web [not-audio_url] [/not-audio_url]

Duration: 41:55
When it comes to foreign workers inside the United States today, the world of immigration law has seemingly been upended. It can be hard to keep up with rapidly evolving events and rulings, but with clients and employers…