• The AI Already Inside Your HR Systems: How HR Can Find Hidden Bias, Vendor and Compliance Risk in 2026
  • The AI Already Inside Your HR Systems: How HR Can Find Hidden Bias, Vendor and Compliance Risk in 2026

    • Speaker : Eric Caldwell
    • Session Code : ELMAY0826
    • Date : 22nd May 2026
    • Time : 1:00 PM Eastern Time / 10:00 AM Pacific Time
    • Duration : 4 Hours

Overview:

 

In early 2026, a mid-sized company discovered that its new AI resume screening tool had been advancing 74% of male applicants and only 38% of female applicants to the interview stage — for the same roles, with the same qualifications. Nobody programmed the tool to do that. Nobody even noticed for six weeks. The company is now in the middle of a very uncomfortable conversation with employment counsel, and the tool is sitting on a shelf.

 

That scenario is not unusual anymore. It is the new normal. Artificial intelligence is already shaping employment decisions across recruiting, screening, performance management, promotion, discipline, and termination — often before HR realizes the tool is there or understands how much weight it is carrying. And in 2026, the regulatory environment has shifted faster than most HR teams have tracked. California's FEHA regulations took effect in October 2025. Illinois HB 3773 and Texas HB 149 both took effect in January 2026. Colorado's AI Act takes effect in June 2026. NYC's Department of Consumer and Worker Protection is entering a stricter enforcement phase following a damaging state Comptroller audit in December 2025. The EEOC's first AI enforcement action has already settled. Major class actions are pending against Workday and Eightfold on legal theories that could reshape vendor liability across the entire industry.

 

If your organization uses AI in any employment function — or relies on vendor tools that quietly embed AI without your knowledge — you are now operating in an environment where the gap between "we use AI" and "we use AI compliantly" is where the liability lives. Most HR teams are not on the wrong side of that line intentionally. They are on the wrong side because nobody mapped the tools, nobody asked the vendor the right questions, and nobody built the documentation that would hold up under scrutiny. The defense of "we didn't know" is not going to work when a regulator or plaintiff's counsel asks what diligence was performed.

 

This session is built to close that gap. It is not an AI overview, not a trend discussion, and not a keynote. It is a working session for HR professionals who need to understand their current exposure, recognize where AI is making decisions they can't see, and build the governance controls that will hold up under regulatory or litigation scrutiny. Over three hours, you will work through the federal legal framework, the six most important state and local compliance regimes, the real cases already shaping the law, a complete vendor due diligence framework, a bias audit methodology with worked examples, five real-world scenarios showing how AI-driven discrimination actually occurs, and a 30-day action plan your HR team can begin executing Monday morning.

 

Whether your organization is evaluating new tools, already using AI-enabled systems, or simply trying to understand hidden exposure in existing HR workflows, this session will leave you with a clearer framework for identifying risk, asking better questions, and building more defensible employment practices.

 

Areas covered in the session:


  • The 2026 AI compliance landscape and what changed in the last twelve months
  • Where AI is embedded across the employment lifecycle — from sourcing to termination
  • How Title VII, the ADA, and the ADEA apply to AI-driven employment decisions, including what the EEOC's 2025 guidance rescission does and does not change
  • California FEHA regulations, Colorado AI Act, Texas HB 149, Illinois HB 3773, NYC Local Law 144, and Maryland's facial recognition law
  • The Eightfold FCRA class action and what it means for AI hiring scores
  • The Workday collective action and the "vendor as agent" ruling
  • The Intuit/HireVue ACLU complaint and what it raises about automated speech recognition in employment assessments
  • Why disability and accommodation are the biggest blind spots in AI-driven hiring
  • The three ADEA risk zones: experience cap, invisible wall, and cost-cutter layoffs
  • Job ad targeting and the pre-applicant pipeline problem
  • How disparate impact arises without intent — and why that's enough for liability
  • Proxy variables, historical training data, and how bias gets encoded into neutral tools
  • A vendor due diligence framework with the specific questions HR should ask
  • Risk-based governance: which tools need full audits, which need monitoring only
  • What meaningful human review looks like — and what rubber-stamping looks like
  • Notice, transparency, and documentation requirements across jurisdictions
  • Five real-world scenarios showing exactly where AI use goes wrong
  • A 30-day implementation roadmap with week-by-week actions
  • Long-term governance, monitoring, and manager training practices

 

Exclusive Handouts:

 

AI in HR Risk Assessment and Decision-Mapping Workbook

Vendor Due Diligence Questionnaire for AI-Enabled HR Tools

 

Why should you attend?

 

You should attend because by the end of this session, you will be able to walk into a vendor meeting and ask the questions that separate a defensible AI tool from a liability waiting to happen — and recognize the vague, evasive answers that should make you walk away. You will know how to inventory the AI already operating inside your HR stack, classify each tool by risk level, and decide where to apply tight oversight versus where to apply lighter monitoring. You will leave with a working understanding of the 4/5ths rule, the disparate impact framework, and the proxy variables that quietly encode discrimination into seemingly neutral systems.

 

You should attend if you have ever sat in a meeting where someone described an AI hiring tool as "bias-free" and you weren't sure how to respond. If you have inherited vendor relationships you did not negotiate and contracts you have not had time to review against the new regulatory landscape. If you have been asked by your CHRO, your CEO, or your board what your AI compliance posture looks like and you have not been confident in the answer. This session will give you the vocabulary, the framework, and the documentation discipline to respond to those moments with authority.

 

Most importantly, you will leave with a 30-day plan you can begin executing Monday morning, a vendor due diligence questionnaire you can use in your next procurement conversation, and a risk-mapping workbook that gives your HR team a structured starting point. The goal is not to make you an AI expert. The goal is to make you the HR professional who knows exactly what to do next — which is what compliance actually requires in 2026.

 

Who will benefit?

 

This webinar is designed for HR, talent, compliance, legal, and people-operations professionals who help select, manage, oversee, or rely on technology that may influence employment decisions. It is especially relevant for those responsible for hiring, screening, performance management, workplace investigations, documentation, discipline, accommodations, governance, and vendor oversight — those include:

 

  • Chief Human Resources Officers/Vice Presidents of Human Resources
  • Human Resources Directors/Senior Human Resources Managers
  • Human Resources Business Partners/Employee Relations Directors/Employee Relations Managers
  • Talent Acquisition Directors/Talent Acquisition Managers
  • Recruiting Directors/Recruiting Managers
  • Staffing Managers/Workforce Planning Managers
  • People Operations Directors/People Operations Managers
  • HR Operations Directors/HR Operations Managers/HR Compliance Directors
  • HR Compliance Managers/Employment Compliance Managers
  • Workplace Investigations Managers/HR Policy Managers
  • HRIS Directors/HRIS Managers
  • People Analytics Directors/People Analytics Managers
  • Compensation and Performance Management Managers/Learning and Development Directors
  • Organizational Development Managers/Diversity, Equity and Inclusion Directors
  • Accommodation and Leave Managers/In-House Employment Counsel
  • Labor and Employment Counsel/Corporate Compliance Officers
  • Risk Management Directors/Internal Audit Leaders for HR/Employment Processes
  • Talent Technology Directors/HR Technology Managers
  • Vendor Risk Managers involved in HR systems
  • Recruitment Operations Managers/Talent Intelligence Managers/People Strategy Directors



Eric Caldwell is an Employment Compliance Advisor with over 20 years of experience helping organizations manage workplace risk, strengthen employment practices, and make more defensible HR decisions.

 

Throughout his career, Eric has advised employers across a wide range of industries on some of the most sensitive and high-stakes areas of workforce compliance, including employee handbook development, multi-state policy alignment, wage and hour issues, leave administration, workplace investigations, manager documentation, disciplinary processes, policy enforcement, and employee relations risk management. In recent years, that work has increasingly included helping employers think through the compliance and decision-making risks that arise when AI-enabled tools begin influencing recruiting, screening, documentation, performance management, and other HR workflows.

 

Eric is known for his ability to translate complex compliance concerns into practical guidance that employers can apply in day-to-day operations. His sessions focus not only on what the rules require, but on how organizations should review, question, document, and oversee workplace practices when new technologies are introduced into employment decision-making. That practical perspective makes his guidance especially relevant for employers trying to move forward with modern HR tools without losing sight of fairness, consistency, and compliance risk.



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Tags: AI in HR, Employment Compliance, HR Technology, Recruiting Compliance, AI Risk Management, Hiring and Screening, Workplace Compliance, Employment Decisions, HR Governance, Bias and Discrimination, Human Oversight, Vendor Risk, Performance Management, ADA Compliance, Title VII Compliance, eric caldwell, may 2026, webinar