The legality of the use of artificial intelligence (AI) in employment decision making should be on the radar for employers, as multiple regulators are addressing the issue.
Last fall, the Equal Employment Opportunity Commission (EEOC) launched an initiative to ensure that AI “and other emerging tools” used in hiring and other employment decisions comply with federal civil rights laws.
“Artificial intelligence and algorithmic decision-making tools have great potential to improve our lives, including in the area of employment,” EEOC Chair Charlotte Burrows said in a statement. “At the same time, the EEOC is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”
Taking a multipronged approach, the agency announced plans to establish an internal working group to coordinate its efforts; begin a series of listening sessions with key stakeholders about algorithmic tools and their employment ramifications; gather information about the adoption, design and impact of hiring and other employment-related technologies; and identify promising practices.
Perhaps most important for employers, the EEOC said it will issue technical assistance to provide guidance on algorithmic fairness and the use of AI in employment decisions.
States and cities are similarly considering the issue.
In California, draft regulations on AI and employment...
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