Retailers must navigate the use of artificial intelligence (AI) carefully to avoid unlawful discrimination, especially as the technology becomes more widespread under the Trump administration’s pro-AI stance. Legal experts at the NRF’s Retail Law Summit emphasized that while recent executive orders prioritize deregulation and remove diversity concepts from AI frameworks, illegal discrimination based on age, race, or gender remains prosecutable. EEOC Commissioner Brittany Bull Panuccio reaffirmed the commission’s commitment to enforcing anti-discrimination laws. Employers must be vigilant, as they can still face lawsuits for using AI that unintentionally discriminates, such as automated rejection of older job applicants. With various state-level AI regulations cropping up, retailers must also ensure compliance. The Labor Department aims to alleviate fears about job loss due to AI, promoting literacy and a talent pipeline for new positions within the evolving tech landscape. For best practices, retailers should maintain clear complaint channels that don’t rely solely on AI.
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