When Algorithms Make the Call: AI, Employment Law & Workplace Justice

JAMS is proud to collaborate with the New York City Bar Association, Labor & Employment Committee and In-House Counsel Committee, on this timely program titled "When Algorithms Make the Call: AI, Employment Law & Workplace Justice" hosted by JAMS at the New York Resolution Center on March 25, 2026.

The Challenge

Your client's hiring platform just rejected 10,000 applicants. A performance algorithm flagged dozens of employees for termination. An AI assessment tool screened out an entire demographic group. And now you're facing a discrimination claim—except this time, no human made the decision.

Welcome to the new frontier of employment law.

Artificial intelligence is fundamentally transforming workplace decision-making. Résumé screeners. Video interview analyzers. Predictive performance tools. These systems now influence who gets hired, promoted, disciplined, and fired—often operating as black boxes that even their creators struggle to explain.

When things go wrong, the legal questions are unlike anything we've seen before: How do you prove discriminatory intent when there was no human intent at all? What does "reasonable accommodation" mean when an algorithm controls access? Who's liable when the vendor, the employer, and the data scientist all point fingers at each other?

Recent litigation has exposed the stakes. Class actions targeting algorithmic hiring platforms are multiplying. Regulators at every level are scrambling to catch up. And employers are discovering that "the AI told me to do it" is not a legal defense.

Moderator:

Giuseppe de Palo, Esq., Mediator & Arbitrator, JAMS – New York

Speakers:

• Philip Berkowitz, Shareholder, U.S. co-chair of International Employment Law Practice Group, Littler
• Evandro Gigante, Partner, Proskauer
• Rippi Karda, Associate General Counsel, Verizon
• Kristine D’Amato, National Claims Counsel, USI Insurance Services

Additional Speakers to be announced.

Program Schedule

5:30 – 6:00 PM ET – Registration

6:00 PM – 7:30 PM ET – Program

7:30 PM – 8:00 PM ET – Networking, wine & cheese

What You'll Learn

This intensive 90-minute program cuts through the hype to deliver the practical legal intelligence you need now. Our expert panel—spanning in-house counsel, litigation practitioners, Big Tech, and professional services—will explore:

The Legal Landscape

• Where AI employment disputes are erupting and what enforcement agencies are prioritizing
• How traditional employment law frameworks apply (or break down) when algorithms enter the equation
• Federal, state, and local regulatory developments you need to track, including transparency mandates and algorithmic audit requirements

Understanding the Technology

• How algorithmic bias actually works—the hidden patterns, proxy variables, and design choices that can produce discriminatory outcomes without anyone intending harm
• Real-world examples: when AI hiring tools screened out women, when performance algorithms disproportionately flagged older workers, when "neutral" data perpetuated historical inequities

Litigation in the Age of Algorithms

• Lessons from groundbreaking cases challenging AI-enabled employment systems
• Discovery nightmares: obtaining and understanding algorithmic evidence when source code is proprietary
• Proving causation and damages when decision-making is automated and opaque

Risk Management & Best Practices

• Red flags in vendor contracts and what due diligence really requires
• Documentation and audit protocols that can save you in litigation
• The critical role of human oversight—and why "human-in-the-loop" doesn't mean what you think
• Building governance frameworks that balance innovation with accountability

The Ethics Imperative

• Why "algorethics" matters: ensuring technology serves human dignity, not just efficiency
• Navigating disputes where neither party fully understands how the algorithm reached its conclusion
• The future of workplace mediation when machines are part of the decision-making chain

Why Attend

Whether you're advising Fortune 500 employers deploying AI at scale, startups building the next generation of HR tech, or employees challenging algorithmic decisions, this program delivers the strategic framework you need. You'll leave with practical tools, current case law, emerging regulatory intelligence, and a deeper understanding of where technology and civil rights intersect—and collide.