The Equal Employment Opportunity Commission (EEOC) has taken a significant step toward preventing discrimination against job seekers and workers with the release of a new technical assistance document. Titled "Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964," the resource provides employers with guidance on incorporating automated systems, including artificial intelligence (AI), while ensuring compliance with Title VII.

Title VII of the Civil Rights Act of 1964 is a fundamental piece of legislation that prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Employers have long been advised to monitor their traditional decision-making processes to ensure they do not have a disproportionately negative effect on protected groups. With the emergence of algorithmic decision-making tools, employers must understand the legal framework surrounding its use.

The use of automated systems, including AI, has become increasingly common in employment matters such as candidate selection, performance monitoring, and compensation decisions. These tools encompass a wide range of functionalities, including resume scanners, employee monitoring software, virtual assistants, video interviewing software, and testing software. However, these technologies can inadvertently violate civil rights laws, including Title VII, without proper...

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