To avoid running afoul of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently released guidance to help employers using artificial intelligence (AI) for employment-related decisions.
Each agency published a technical assistance document addressing the use of AI and other software tools that help employers select new employees, monitor performance, and determine pay or promotions.
The EEOC—which launched an initiative last fall on AI in employment—offered examples of software that may incorporate algorithmic decision making at various stages of the employment process.
Resume scanners that prioritize applications using certain keywords, employee monitoring software that rates employees on the basis of their keystrokes or other factors, and “virtual assistants” or “chatbots” that ask job candidates about their qualifications and reject those who do not meet predefined requirements all made the list, as did video interviewing software that evaluates candidates based on their facial expressions and speech patterns, and testing software that provides “job fit” scores for applicants or employees regarding their personalities, aptitudes, cognitive skills or perceived “cultural fit” based on their performance on a game or on a more traditional test.
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