Artificial intelligence offers the prospect of freeing decisions from human biases. All too often, however, it can wind up unintentionally reflecting and reinforcing these biases despite its presumed objectivity.

On May 12, the Equal Employment Opportunity Commission and the Department of Justice released guidance addressing disability discrimination when using artificial intelligence to make employment decisions. The EEOC’s guidance is a part of its larger initiative to ensure that AI and “other emerging tools used in hiring and other employment decisions comply with federal civil rights laws that the agency enforces.”

AI-Enabled Employment Technologies Can Violate the ADA

Many companies now use AI-powered technologies in hiring, promotion, and other employment decisions. Examples include tools that screen out applications or resumes using certain keywords; video-interviewing software that evaluates facial expressions and speech patterns; and software that scores “job fit” based on personalities, aptitudes, or skills.

The Americans with Disabilities Act prohibits businesses with 15 or more employees from discriminating on the...

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