An Employment Lawyer’s Guide to Surviving the AI Workplace

by Susan Lorenc, Henry Adebisi & Julian Nunally · September 16, 2026

AI is becoming part of nearly every stage of the employment relationship, from recruiting and hiring to performance management, workplace investigations and litigation. While these tools can save time and make certain tasks easier, they can also create new legal and practical risks for employers.

At Dorsey’s 2026 Labor & Employment Symposium, Dorsey attorneys Susan Lorenc, Henry Adebisi, and Julian Nunally joined Valeria R. Cometto, Assistant General Counsel at Delta Air Lines, to discuss how AI is changing the workplace and what employers can do to manage those risks.

One area employers should be watching closely is recruiting and hiring. AI is increasingly being used for recruiting, resume screening, candidate ranking and interview-related tasks. But using a third-party tool does not shift responsibility for the resulting employment decisions. Employers still need to ensure those decisions comply with federal, state and local anti-discrimination laws.

AI use can create challenges after an employee is hired as well. Managers and HR professionals may use AI to draft performance reviews, disciplinary notices, coaching documentation and performance improvement plans. Because AI can generate inaccurate information and cannot independently assess credibility or context, human review remains important before employers rely on those outputs.

Employers should also consider what information employees are putting into AI tools. Personnel records, customer information, trade secrets and privileged communications can create confidentiality, privacy and privilege concerns when entered into public AI systems. Existing confidentiality policies may need to be updated to specifically address what employees can and cannot share with AI tools.

AI is also changing employee complaints and the early stages of employment disputes. The panel discussed how AI can help employees create longer and more sophisticated complaints and demand letters containing legal terminology, statutory references and detailed allegations. As Julian explained during the discussion, employers should look beyond how polished a complaint appears and focus closely on the facts actually being alleged.

Managing these risks starts with understanding how AI is actually being used within the organization. The panel discussed developing clear acceptable-use policies, establishing approval procedures for AI tools, updating confidentiality policies, training employees and managers, and regularly auditing AI use.

Ultimately, AI should assist employment decision-making rather than replace human judgment. Employers remain responsible for their employment decisions, making human oversight and review an important part of using AI in the workplace.

This post highlights key takeaways from “AI Is Ruining Your Life: An Employment Lawyer’s Guide to Surviving the AI Workplace,” a panel presented at Dorsey’s 2026 Labor & Employment Symposium.

Susan Lorenc

Susan is a strategic labor and employment advisor who helps organization make confident, well-informed decisions about their workforce. She collaborates to map out the best course of action to address clients’ needs.
She partners closely with leadership and HR teams to understand their goals, anticipate challenges, and chart practical paths forward, both in the boardroom and the courtroom.

Drawing on deep experience across industries and geographies, Susan guides clients through the full spectrum of employment issues — from day-to-day questions to high-stakes disputes. She represents companies in mediations, arbitrations, and state and federal trials, including appeals before the Seventh Circuit. Technology companies, especially those in the Chicago area, and higher education institutions often rely on her as an extension of their in-house legal team.

Clients turn to Susan for clear, business minded counsel on hiring, terminations, policies, wage and hour matters, family and medical leave, and claims involving harassment, discrimination, and retaliation. She negotiates employment and severance agreements and advises on workforce considerations in mergers and acquisitions. She also helps companies navigate EEOC matters, remote work ADA compliance, background check obligations under the Fair Credit Reporting Act, WARN Act analysis, and other regulatory requirements.

Known for staying ahead of fast-moving legal developments, Susan helps employers prepare for and adapt to emerging issues such as non-compete restrictions and evolving marijuana laws. Her clients value her straightforward guidance, her ability to break down options and risks, and her instinct for addressing concerns before they become problems.

Above all, clients trust Susan for her honesty, clarity, and unwavering commitment to their success. She listens closely, responds quickly, and provides grounded advice that helps leaders make decisions they can stand behind.

Henry Adebisi

Henry is expert at making the complex simple and using this skill to advocate for clients.

It’s why he chose to be a labor and employment attorney with an additional focus on immigration law. He deftly navigates shifting laws and regulations, and thoughtfully distills them into understandable information that enables his clients to take right action.

Julian Nunally

Julian is a distinguished attorney renowned for his adept representation of employers across a spectrum of critical labor management relations issues and employment litigation matters.