Skip to content

Menu

Network by SubjectChannelsBlogsHomeAboutContact
AI Legal Journal logo
Subscribe
Search
Close
PublishersBlogsNetwork by SubjectChannels
Subscribe

Survey of Managers Highlights The Widespread Use and Potential Risks of Unsanctioned AI Use

By Guy Brenner & Jonathan Slowik on July 28, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their employers realize.  A survey of 1,342 full-time manager-level employees commissioned by ResumeBuilder.com revealed some eye-popping results.  Roughly 60% of respondents said they relied on AI to make decisions about direct reports, including regarding such consequential decisions as raises, promotions, layoffs and terminations.  And while most reported using AI simply as a tool to assist with these decisions, 20% admitted to letting AI make decisions without human input either “all of the time” or “often.”

Many of the survey respondents appeared to be using AI tools for these purposes with little to no established limits or guidance.  24% of those using AI said they received “no training at all” on how to ethically use AI in managing people, and among those who reported at least some training, a majority described that training as “informal.”  Additionally, most respondents reported primarily using general purpose chatbots for these purposes, rather than using tools specifically designed for managing employees.

While some employers may benefit (perhaps substantially) from integrating AI tools into people management, employers should be concerned about the type of use indicated by the survey, which may expose organizations to unnecessary risk.  It appears that employers themselves may be unaware of the risks, as a majority of respondents indicated their company encourages them to use AI in managing their reports.

If not deployed with care, AI tools may create unintended disparate impacts that implicate equal employment opportunity laws (such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and similar state laws), subject the employer to onerous bias audit requirements, or potentially violate other employment laws (such as state laws regarding the use of lie detector tests).  For a detailed discussion of these risks, we recommend you check out our four-part podcast series, AI at Work.

Employers would be well-advised to limit the use of AI for people management only to approved uses that are clearly defined.  Potential use cases should be carefully vetted (including with legal counsel) and employees should be trained regarding appropriate uses of AI tools to mitigate these risks.  Employers should also establish clear policies and procedures governing the use of AI for HR functions.

Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group and is co-head of the Non-Compete & Trade Secrets Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Read more about Guy Brenner
Show more Show less
Photo of Jonathan Slowik Jonathan Slowik

Jonathan Slowik is a special counsel in the Labor Department and a member of the Employment Litigation & Counseling Group.

Read more about Jonathan Slowik
  • Posted in:
    Employment & Labor
  • Blog:
    Law and the Workplace
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

LexBlog logo
Copyright © 2026, LexBlog. All Rights Reserved.
Legal content Portal by LexBlog LexBlog Logo