2022EEOC

Written By Digital Content Editor Thomas Ahearn

In 2021, the U.S. Equal Employment Opportunity Commission (EEOC) launched an agency-wide “Artificial Intelligence and Algorithmic Fairness Initiative” to ensure the use of artificial intelligence (AI), machine learning, and other emerging technologies for hiring and employment decisions comply with federal civil rights laws.

While AI systems may offer new opportunities for employers, they also have the potential to discriminate. Through the initiative, the EEOC will examine more closely how existing and developing technologies fundamentally change the ways employment decisions are made. As part of the initiative, the EEOC will:

  • Issue technical assistance to provide guidance on algorithmic fairness and the use of AI in employment;
  • Identify promising practices;
  • Hold listening sessions with stakeholders about algorithmic tools and their employment ramifications; and
  • Gather information about the adoption, design, and impact of hiring and employment-related technologies.

Initiative resources include “The Americans with Disabilities Act and the Use of Software, Algorithms, and AI to Assess Job Applicants and Employees,” “Tips for Workers: The Americans with Disabilities Act and the Use of Software, Algorithms, and AI,” and “Use of AI in Making Job Decisions for People with Disabilities.”

The initiative’s goal is to guide employers, employees, job applicants, and vendors to ensure that these technologies are used fairly and consistently with federal equal employment opportunity laws that are enforced by the EEOC. For more information about the initiative from the EEOC, please visit www.eeoc.gov/ai.

Employment Screening Resources (ESR) – a service offering of ClearStar, a leading Human Resources technology company specializing in background, drug, and occupational health screening – offers criminal record searches that comply with the EEOC’s guidance on the use of criminal records. To learn more, contact ESR today.

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