For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have voiced concerns over potential disability discrimination from the use of technology.
To help employers identify and avoid the potential pitfalls of using decision-making software, including artificial intelligence (AI), on May 12, 2022, the EEOC released a technical assistance document (TAD) about technology and disability discrimination. The EEOC’s TAD is part of its Artificial Intelligence and Algorithmic Fairness Initiative “to ensure that the use of software, including artificial intelligence (AI), machine learning, and other emerging technologies used in hiring and other employment decisions comply with the federal civil rights laws that the EEOC enforces.”
The DOJ also, on May 12, released a guidance that focuses on algorithms and AI in the hiring process.
While they do not create new or different legal obligations for employers, these documents provide insight on how these agencies view AI at work.
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