Phillip Kitzer Presents at the Employment Law Institute on Litigating Employment Cases When AI Is in Play

At a recent continuing legal education program hosted by the Employment Law Institute of the Upper Midwest (ELI), Phillip Kitzer of Kitzer Rochel, PLLP joined Damien Riehl, Karen Odash, and moderator Jack Sullivan to present “Litigating Employment Cases When AI Is in Play.” The session explored how artificial intelligence tools are transforming workplace decisions—and how those changes are raising new challenges in employment litigation.

The presentation examined two common scenarios where AI is now influencing employment outcomes: hiring and termination. The panel discussed how algorithmic resume screeners and automated decision-making tools can create unintended bias or disparate impact, particularly in age and discrimination cases. They also addressed the risks of using generative AI in performance reviews or disciplinary documentation, where inaccuracies or “hallucinations” can expose employers to wrongful termination or spoliation claims.

Panelists shared practical strategies for both plaintiffs and defendants, including how to obtain and preserve AI-related evidence such as training data, prompts, and algorithmic outputs. They emphasized the importance of transparency in vendor contracts, documentation of AI use, and the ethical duty to ensure fairness and accountability when technology is involved in personnel decisions.

The takeaway: AI is not a shield against liability. Lawyers and employers alike must understand how these tools work, plan for discovery, and develop responsible AI policies to ensure fairness in the workplace.

Kitzer Rochel represents employees in complex employment disputes, including discrimination and wrongful termination cases involving AI or algorithmic decision-making. To learn more, visit www.kitzerrochel.com