The use of artificial intelligence in the workplace has been at the center of the Equal Employment Opportunity Commission’s recent guidance on “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.”
The guidance can help employers understand the ADA requirements when using AI in employment-related decision-making, and can also help applicants and employees in understanding how to address disability-related concerns when applying for jobs or promotions.
Employers have implemented a variety of software programs in the recruitment process such as automatic résumé-screening software, hiring software, chatbot software for hiring and workflow, video interviewing software, analytics software, employee monitoring software, and worker management software.
The ADA is a federal civil rights law that prohibits discrimination and requires reasonable accommodations to applicants and employees with disabilities. The federal law covers employers with 15 or more employees, but Virginia state law covers those with more than five employees.
The EEOC has a broad definition of “disability,” but generally it can include a physical or mental impairment.
Even if an employer uses a third party to administer its algorithmic decision-making, the employer can still be responsible for violating the ADA if the software discriminates against a person with a disability.
While the ADA prohibits disability-related...
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