The EEOC recently released a new technical assistance document focusing on how artificial intelligence (AI) and automated systems are incorporated into employment decisions, and how Title VII of the Civil Rights Act applies to those actions. EEOC Chair Charlotte A Burrows said, “[a]s employers increasingly turn to AI and other automated systems, they must ensure that the use of these technologies aligns with the civil rights laws and our national values of fairness, justice and equality.” The document also contains a question-and-answer section with information on how the EEOC’s Uniform Guidelines on Employee Selection Procedures affect the use of algorithmic decision-making tools. The EEOC is encouraging employers to conduct an ongoing self-analysis to determine whether any technology they are using is being used in a way that could result in discrimination.
The EEOC’s technical assistance document, linked below, is part of its Artificial Intelligence and Algorithmic Fairness initiative, which works to ensure that software used in hiring and other employment decisions complies with federal civil rights laws.
Also, remember to keep track of what local jurisdictions are doing in terms of AI laws, like New York City Illinois.