EEOC, DOJ Issue Guidance on AI in the Workplace. On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential disability discrimination that might result from employers’ use of artificial intelligence (AI) tools or other computer software when making employment decisions. The EEOC’s guidance, titled, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” focuses on three primary concerns regarding AI tools and the potential applicability of the Americans with Disabilities Act (ADA):
The guidance notes that under the ADA, employers using AI to assess job applicants and/or employees may be required to provide reasonable accommodations. According to the guidance, examples of reasonable accommodations include extended time to perform a task or an alternative test.The guidance warns of AI tools that may unlawfully “screen out” individuals from job opportunities. For example, an AI tool might automatically reject an applicant with a gap in his or her employment history, even though the gap was caused by a disability that required the individual to stop working in order to undergo medical treatment. Further, the guidance notes that in some instances, AI assessment tools might violate the ADA’s restrictions on disability-related inquiries and medical examinations. Of important practical...
A California lawmaker is suing Sacramento police for falsely accusing her of driving under the influence, saying the case may have been motivated by her tough-on-cops legislation or possibly becaus...