The U.S. Equal Employment Opportunity Commission (EEOC) recently released a draft of its new Strategic Enforcement Plan (SEP), outlining its priorities in tackling workplace discrimination over the next four years.

The playbook, published in the Federal Register in January, indicates that the agency will be on the lookout for discrimination caused by artificial intelligence (AI) tools.

"The EEOC is signaling in its draft SEP that it intends to enforce federal nondiscrimination laws equally, whether the discrimination takes place through traditional recruiting or through the use of modern and automated tools," said Andrew M. Gordon, an attorney with the law firm Hinshaw & Culbertson LLP in Fort Lauderdale, Fla.

According to the EEOC, technology that can result in discrimination may include:

• Software that incorporates algorithmic decision-making or machine learning.
• Automated recruitment, selection, or production and performance management tools.
• Other existing or emerging technological tools used in employment decisions.

Over the last decade, AI use in the workplace has skyrocketed. Nearly 1 in 4 organizations uses AI to support HR-related activities, according to a 2022 survey by the Society for Human Resource Management (SHRM). Nearly 80 percent of these companies use AI for recruiting and hiring purposes.

AI software can more efficiently source, recruit, evaluate and communicate with job candidates. Employers have also leveraged these tools to support employees in...

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