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Todd B. Nurick
Business Law Insights
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AI literacy generally refers to a candidate’s familiarity with artificial intelligence–driven tools, workflows, or decision-support systems used in the workplace. It does not necessarily mean technical expertise, programming ability, or system design. For most roles, AI literacy is about understanding how tools are used, interpreted, and applied responsibly.
Yes, employers may require AI literacy if the requirement is job-related and consistent with business necessity. Legal risk arises when expectations are vague, inconsistently applied, or not genuinely connected to the duties of the role. Clear job descriptions and consistent application are critical.
AI training can raise compliance concerns when you are asking employees to use AI without clear rules, adequate supervision, or role-specific limits. The risk increases if training affects hiring, pay, privacy, confidentiality, discrimination, or safety obligations. You should align training with your written policies, review the outputs your team is allowed to rely on, and update the program as laws and workplace practices change.
Automated hiring tools can create risk if they screen candidates in a way that is biased, inconsistent, or not tied to the job. You may also face issues under discrimination laws, disability accommodation rules, privacy requirements, and vendor oversight duties. A tool being provided by a third party does not remove your responsibility, so you should test the system, document your process, and review the results regularly.
You should document the job-related criteria you used, the role AI played in the process, any human review that occurred, and the reasons for final decisions. It is also wise to keep records of vendor materials, testing results, and any steps taken to reduce bias or confirm consistency. Good documentation helps you show that your process is deliberate, lawful, and tied to the job.
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