The U.S. Equal Employment Opportunity Commission and the Justice Department recently dropped first-of-its-kind guidance on how artificial intelligence hiring tools can violate anti-discrimination law, a move experts say is just the beginning of federal efforts to tamp down on bias in high-tech workplace software.
Fact sheets published Thursday by both agencies made clear that automated decision-making programs many employers use in recruitment, hiring and other human resources activities can discriminate against candidates and workers based on their disabilities and violate the Americans with Disabilities Act. To avoid running afoul of the ADA, the agencies recommended company leaders vet any new software they implement, be ready to offer alternative testing options for individuals with disabilities and ensure these tools are tailored to the job requirements, among other suggestions.
The resources represent the first time either the EEOC or the DOJ have released technical assistance focusing on algorithmic or AI-driven disability discrimination. And as employers are increasingly adopting these technologies, legal experts say they expect more input from the federal government on how best to use them.
Here, Law360 takes a look at what else attorneys say that company leaders should anticipate from the federal government on potential discrimination issues arising from hiring managers' use of artificial intelligence and other automated decision-making software. …
Enforcement Uptick Likely
Outside of more technical assistance, experts said they predict federal investigations and lawsuits into potential discrimination from AI services are likely on the horizon.
"As the agencies start providing more technical guidance, I think you're going to see more enforcement action for violations," said Adam S. Forman, an Epstein Becker Green employment partner.