07/06/2023
The Equal Employment Opportunity Commission (EEOC) has provided guidance on the proper use of software and artificial intelligence (AI) in employment decisions. The EEOC aims to address the potential adverse impacts of AI-driven tools in hiring, recruitment, performance monitoring, determining pay, and more.
The guidance emphasizes the need to avoid adverse selection and suggests taking steps to reduce the impact of discriminatory algorithms. Employers are held responsible for discriminatory decisions made by algorithmic tools, even if another entity, like a software vendor administers them. Additionally, employers should assess whether their use of technology negatively affects protected groups. If an adverse impact is identified, steps should be taken to reduce it or choose a different tool.
Employers should approach algorithmic decision-making with caution to avoid legal consequences and collaborate with vendors to ensure compliance. Read our full blog post for examples of adverse selection and to learn more about AI in employment decisions: https://buff.ly/3PKqLZG