Lexology reports on the quiet risk that is emerging in HR automation: chatbots or third-party platforms asking for or acquiring genetic information that employers cannot lawfully seek. Under the US Genetic Information Nondiscrimination Act 2008 (GINA), collecting such information is unlawful and prohibits employers from discriminating against employees, applicants or their family members because of their genetic information, subject to limited exceptions.
Sheppard labor and employment partner Doug Yang observes that the largest GINA risk may be brought by AI tools or chatbots that are part of a “general application, rather than one specifically designed for HR-related tasks.” Accordingly, employers should assess vendor involvement when considering AI-related GINA risk. “An ounce of prevention here is going to be worth more than a pound of cure,” Yang notes.
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