On October 13, 2016, the U.S. Equal Employment Opportunity Commission empaneled a group of Big Data experts, including Littler Shareholder Marko Mrkonich, to discuss the use of data analytics in hiring, performance management, retention and other employment decisions. All on the panel agreed that Big Data is already being used in employment, and its use and its scope are expected to continue to expand. Much of the discussion between the Commissioners and the panelists centered on how the use of data analytics may interact with equal employment opportunity laws and whether algorithm-based human resources decisions may ultimately improve fairness and efficiency and minimize bias.
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