On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”). As discussed below, the Framework sets forth ten “Focus Areas” for employers to consider when using AI recruiting and hiring tools to minimize the risk of algorithmic discrimination.

The Framework was developed and published by the Partnership on Employment & Accessible Technology (“PEAT”), an entity funded by the DOL’s Office of Disability Employment Policy. PEAT’s Framework is based on the National Institute of Standards and Technology’s AI Risk Management Framework which supports AI governance by identifying, measuring, and managing attendant risk.

The Framework sets forth best practices in ten Focus Areas: (i) identify applicable legal requirements for using AI recruiting and hiring tools; (ii) establish roles, responsibilities, and training for employees managing these tools; (iii) inventory information about these tools including their intended use, anticipated benefits, risk, and scope, and classify any risks based on legal standards and their potential impact; (iv) develop procurement policies and procedures prior to working with vendors and other third parties to ensure a proper foundation for identifying and avoiding algorithmic bias; (v) evaluate the potential positive and negative impacts of AI recruiting and hiring tools; (vi) provide accommodations for job applicants; (vii) notify job applicants of the...

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