EEOC Releases New Guidance On Artificial Intelligence And Discrimination

In an effort to prevent discrimination against job seekers and workers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a new technical assistance document entitled: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.

The guidance explains how discrimination laws like Title VII can apply to an employer’s use of automated systems, including those incorporating artificial intelligence (AI), in selecting new employees, monitoring performance and determining pay or promotions. The EEOC’s guidance seeks to help employers understand that their use of certain types of software, algorithmic decision-making tools, and AI can lead to unlawful discrimination. The EEOC explains that employers have an obligation to evaluate and monitor these tools to determine whether they are having a “disparate impact” or “adverse impact” on workers protected by Title VII.

If you are using these types of programs to hire or monitor your employees, we encourage you to review this new guidance. KZA attorneys are always available to assist you in evaluating and assessing your employment procedures.  

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