The Equal Employment Opportunity Commission (EECO) and the U.S. Department of Justice (DOJ) recently released technical assistance documents that focus on the possibility of disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions. Business owners who utilize AI should take note of the newly released documents.
Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI, and may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).
The EEOC released a technical assistance document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” which is focused on preventing discrimination against job seekers and employees with disabilities. The document outlines issues that employers should consider to ensure that the use of software tools in employment does not disadvantage workers or applicants with disabilities in ways that violate the ADA. The EEOC technical assistance focuses on three primary concerns under the ADA:
The DOJ’s guidance document, “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” provides a broad overview of rights and responsibilities. The document:
Help is available
The business attorneys at O’Reilly Rancilio are available to answer your questions regarding the EEOC’s technical assistance. For information, please call 586-726-1000 or visit our website.
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