---
title: "AI at Work: Two Key Considerations for Employers"
canonicalUrl: "https://wyche.com/insights/blog/posts/ai-at-work-two-key-considerations-for-employers/"
excerpt: "AI is already embedded in hiring platforms, performance management tools, and daily workflows across industries. As adoption of AI tools accelerates, so does the legal and regulatory landscape surrounding AI. Below are two critical considerations employers should have on their radar. Using AI Hiring Tools Can Create Liability. Employers using AI in hiring should start…
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datePublished: "2026-07-20T14:41:12-04:00"
dateModified: "2026-07-20T14:54:59-04:00"
---
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AI at Work: Two Key Considerations for Employers
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# AI at Work: Two Key Considerations for Employers
AI is already embedded in hiring platforms, performance management tools, and daily workflows across industries. As adoption of AI tools accelerates, so does the legal and regulatory landscape surrounding AI. Below are two critical considerations employers should have on their radar.
- Using AI Hiring Tools Can Create Liability.**
Employers using AI in hiring should start from a foundational principle: anti-discrimination laws apply with full force to AI-driven employment decisions. The EEOC has made clear that employers bear responsibility for disparate impact caused by algorithmic tools, even when those tools are developed and operated by third-party vendors. Under Title VII, the ADEA, and the ADA, a facially neutral AI screening tool that disproportionately filters out candidates based on race, age, sex, or disability can expose the employer to liability regardless of discriminatory intent.
Just last week, a United States district court in California refused to dismiss claims against Workday alleging that its AI-powered hiring software discriminated against applicants based on race, age, disability, and gender.[1] The case began when an African-American , disabled man over the age of 40 claimed that he was rejected from more than 100 positions at companies using Workday’s recruiting platform, often within minutes of applying. Workday denies the claims, explaining that its software matches resume keywords to employer provided qualifications, and leaves final hiring decisions to those employers. The court did not permit Workday’s explanation to end the case.
Every HR team using AI in the hiring process is now on notice that legal exposure is no longer theoretical. Employers should inventory AI tools used in recruiting and hiring and document their governance processes. In addition, demand transparency from vendors regarding how candidates are evaluated, conduct regular bias audits, and ensure meaningful human oversight of AI-assisted hiring decisions.
- ** Internal AI Use Policies Are Necessary. **
Beyond hiring, AI is now embedded in daily operations—from generative AI platforms used for research and communications to automated note-taking tools that join meetings. Without clear policies, employers face a cascade of risks: employees inadvertently sharing trade secrets or client confidential information with AI platforms; AI recording tools running afoul of privacy laws; and a general lack of accountability for how AI-generated work product is reviewed and verified.
Employers should establish comprehensive AI usage policies that define which tools are authorized, what data may and may not be input, how outputs must be reviewed for accuracy, and what monitoring the organization will conduct for compliance. Training should be ongoing.
[1] *Mobley v. Workday Inc.*, *Order Granting in Part and Denying in Part Motion to Dismiss*, No. 3:23-cv-00770, N.D. Cal., June 22, 2026.
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# Ashley Robertson Parr
Ashley Parr is an experienced employment law attorney who assists clients in navigating complex workplace and business challenges. She provides strategic, forward‑thinking day-to-day advice on all aspects of the employment relationship, including personnel decisions, policy development, regulatory compliance, and risk management. Ashley also drafts and negotiates employment and executive agreements, as well as restrictive covenants, with a keen focus on protecting clients’ business interests.
Ashley takes a business‑minded approach to advising clients, striving to understand each organization’s operations, culture, and strategic objectives. She counsels employers on compliance with federal and state employment laws, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), state wage and hour and leave laws, and related regulatory frameworks, helping clients proactively navigate evolving legal requirements.
In addition, Ashley is a litigator who defends employers in matters involving discrimination, harassment, retaliation, breach of contract, and wage and hour claims. She represents clients in state and federal courts and before administrative agencies, including the Equal Employment Opportunity Commission and the South Carolina Human Affairs Commission, as well as other state and federal agencies.
Ashley also conducts internal investigations, supports employment‑related due diligence in connection with corporate transactions, and supports clients in broader business and commercial disputes. Known for her practical, solutions‑oriented approach, she works efficiently to resolve issues while keeping business outcomes front of mind.
Before joining Wyche, Ashley practiced at a large national law firm. She previously served as a law clerk to the Honorable Jean H. Toal of the South Carolina Supreme Court and interned for the Honorable Joseph F. Anderson of the United States District Court for the District of South Carolina.
# Wade S. Kolb III
Wade’s practice centers on advising educational institutions and employers of all types in navigating complex legal problems. His career handling litigation and appellate work informs the analysis he provides and facilitates his role as trusted outside general counsel.
A former teacher, Wade leads Wyche’s education law practice, providing guidance to secondary schools and institutions of higher education on policy and handbook reviews, student discipline and honor code matters, and regulatory compliance, including Title IX. Wade also leads Wyche’s internal investigations group, helping clients promptly and efficiently collect facts and find solutions to a range of issues.
Prior to joining Wyche, he served as a law clerk to the Honorable Ed Carnes on the United States Court of Appeals for the Eleventh Circuit. Active in the community, Wade is a member of numerous boards and non-profit organizations, including the Rotary Club of Greenville, of which he served as president from 2022-2023.
# Camden Navarro Massingill
Camden is a skilled employment law attorney with extensive experience advising and representing employers on a wide range of workplace legal issues. She provides practical, strategic counsel to clients on compliance with federal, state, and local employment laws, including the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), anti-discrimination laws, harassment, complex wage and hour issues, leave laws, reductions in force, and employee discipline and discharge matters. Camden is adept at navigating multi-state compliance, helping clients stay aligned with both federal and state employment regulations.
She further provides proactive counsel, assisting clients in developing employment policies, employment agreements, and restrictive covenant agreements. She is experienced in conducting internal investigations and handling complaints filed with governmental regulatory agencies, helping companies resolve issues before they escalate into legal challenges.
With a focus on both preventive and corrective strategies, Camden is dedicated to helping her clients navigate the ever-evolving landscape of employment law.
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