The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice have issued guidance cautioning employers about using artificial intelligence (AI) and software tools when making employment decisions. The guidance warns that using software, algorithms and AI to assess job applicants and employees without safeguards may result in an Americans with Disabilities Act (ADA) violation.
To ensure no discriminatory practices are being utilized by employment AI or software, companies should:
- Use tools designed to be accessible to individuals with disabilities.
- Inform all candidates that reasonable accommodations are available.
- Train staff to recognize and process requests for reasonable accommodations.
Implementing measures to avoid penalties from the EEOC and prevent discriminatory practices from occurring during the hiring process can benefit companies and their applicants.
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