The U.S. Equal Employment Opportunity Commission (“EEOC”) is tasked with administrative enforcement of a variety of employment discrimination laws, including the Americans with Disabilities Act as amended (the “ADAAA”). The ADAAA prohibits discrimination against job applicants and employees based on “disabilities”, generally defined as a physical or mental impairment that substantially limits the individual in a major life activity. Employers of employees with a disability are required to provide disabled employee with a reasonable accommodation to enable the employee to perform the essential functions of their job, unless the reasonable accommodation would impose an undue hardship on the employer or in certain instances where the employee would still pose a direct threat to the health or safety of themselves or others that cannot be addressed by a reasonable accommodation. It is interesting, therefore, that the EEOC issued Technical Assistance on May 12, 2022 entitled The American with Disabilities Act and the Use of Software, Algorithms and Artificial Intelligence to Assess Job Applicants and Employees. The stated concern is that use of AI tools will disadvantage job applicants and employees with disabilities.
The EEOC’s Technical Assistance is not law. It is not even regulation. But it does signal how the EEOC might deal with charges of discrimination brought by applicants and employees based on an employer’s use of AI. Courts also sometimes refer to the EEOC’s...
AURORA, Mo. (WKRC) — A Missouri woman is facing a child abuse charge after investigators say her daughter described being pressured to make false allegations against her father during a custody di...