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Rehiring Employees, HR Compliance Issues, AI Legal Concerns

The president of the Society for Human Resource Management answers a few questions and compliance issues are coming up for HR as employees continue to work remotely. HR experts are now recommending validating the use of artificial intelligence (AI) tools as legal concerns rise. Click the headline below to learn more.

How Can Laid-Off Workers Get Rehired by Their Former Employer?

SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, is answering HR questions as part of a series for USA Today. 

I was let go last year, after almost 29 years at my company, for “financial reasons” due to COVID-19. I recently saw a position posting to the general public for the same job. Is there a reason why my company wouldn’t call me back?  And if I do apply and am not selected for whatever reason, is there an issue here that I can explore with the HR department of the company or even legal counsel? —Noel C.

Why ‘Wandering’ Employees are Creating Legal Headaches for HR

While remote work has been embraced by many employees, it also has produced an unintended consequence for HR leaders. Consider that more than 15.9 million Americans moved last year during the pandemic, according to the U.S. Postal Service. Likewise, a recent survey from real estate brokerage Redfin reveals that “two-thirds of homebuyers and sellers would consider moving—or already have moved—to a different city or area given the opportunity to work remotely permanently.”

Use of AI in the Workplace Raises Legal Concerns

Artificial intelligence (AI) tools flooding the HR technology marketplace can bring great value to organizations but also carry significant legal risks if not managed properly. Any employer that wants to use AI in the workplace needs to weigh the benefits against the potential legal risks and must also keep a close eye on emerging laws to stay in compliance, according to two experts speaking at the Society for Human Resource Management Employment Law & Compliance virtual conference. Eric Dunleavy, director of litigation and employment services at Washington, D.C.-based DCI Consulting Group, and Michelle Duncan, an attorney in the Denver office of Jackson Lewis, said there’s been a dramatic increase in clients who want to talk about the use of AI in pre-employment hiring and in HR generally.

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