EEOC Guidance on AI in Employment Selection
In effect since May 18, 2023
Overview
EEOC guidance clarifying that Title VII and ADA apply to employer use of algorithmic decision-making and AI in hiring, firing, and promotion. Adverse impact analysis required.
This is federal enforcement guidance.
Who this applies to
This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.
AI categories covered
- Employment and hiring
Specific AI use cases:
- Resume screening and ranking
- Candidate assessment and scoring
- Video interview analysis
- Workforce scheduling and optimization
What this requires you to do
Bias testing required
Perform bias testing. Test your AI systems for discriminatory impact across protected classes.
Record-keeping required
Maintain records. Keep documentation of your AI systems, decisions made, and compliance activities.
Impact assessment required
Complete an impact assessment. Document the potential risks and effects of your AI system on affected people.
Enforcement and penalties
Enforced via EEOC complaints and federal litigation. Remedies include back pay, compensatory damages, and injunctive relief.
Source
Read the full text
https://www.eeoc.gov/laws/guidance/select-issues-assessing-adverse-impact-software-algorithms-and-ai
Always verify current language and amendments at the official source.
Other Federal (EEOC) regulations
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