The Justice Department and Equal Employment Opportunity Commission (EEOC) warns employers against using AI recruitment tools as well as productivity measurements software. In an official note, the governmental body warned that using these tools to make decisions on hiring, promotion, pay raise, and so on could lead to discrimination. Especially, towards people with disabilities.
Employers could find themselves violating the Americans with Disabilities Act and run into trouble. Part of the note reads:
“Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).”
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To ensure that they are on the side of the law, the Justice Department has a guidance document for employers to follow. Tagged “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring,” the document gives ‘a broad overview of rights and responsibilities in plain language, making it easily accessible to people without a legal or technical background.’
In addition to this, the EEOC released an assistance document as well which focuses on preventing discrimination against job seekers and employees with disabilities. The document follows ADA, regulations, and existing policy guidance to outline problems that employers should remember to ensure that their AI recruitment tools does not leave out workers or applicants with disabilities.
For example, it could disadvantage workers with disabilities even when they are doing a great job for several reasons including privacy-related ones where they may not be open to share details of their medical conditions.
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