Our company recently learned that the U.S. EEOC issued guidance on Artificial Intelligence and Americans with Disabilities Act Considerations. What are the key areas our organization should keep top of mind when considering AI and ADA in our workplace?

Indeed, the U.S. Equal Employment Opportunity Commission recently issued a “Technical Assistance” document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees. The EEOC also published a brief summary of this guidance entitled: “Tips for Workers,” which is intended as an educational resource, “so that people with disabilities know their rights and employers can take action to avoid discrimination.”

From a practical standpoint it is important to note that the EEOC focuses broadly on three themes, specifically, how the use of algorithmic decision-making may violate the ADA with respect to:

1. Reasonable accommodation for applicants and employees;
2. Where AI decision-making tools may “screen out” individuals with disabilities; and
3. Where an AI-based tool may violate ADA restrictions on disability-related inquiries.

Ultimately, employers using any of these tools in their recruiting, hiring, and review of applicants and employees (which, by some estimates, is up to 83% of employers) should take careful note of the EEOC’s position as to where these tools may run afoul of the ADA.

Employers seeking to use algorithmic tools, whether developed on their own, or...

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