The U.S Department of Labor’s (DOL) Office of Disability Employment Policy (ODEP) has been actively addressing the intersection of artificial intelligence (AI) and disability in employment. The DOL’s efforts are in response to President Biden’s 2023 Executive Order directing federal agencies to begin finding ways to address important AI-related workplace issues. Below are a few key aspects of agencies policy and initiatives related to AI:
AI & Inclusive Hiring Framework
ODEP, through its Partnership on Employment & Accessible Technology (PEAT), has developed the AI & Inclusive Hiring Framework. This Framework is designed to help employers use AI tools in a way that is inclusive and accessible to people with disabilities. By guiding employers through the process of making AI-enabled hiring tools more inclusive and accessible, employers will be able to address and reduce the risks of unintentional discrimination that can arise through the use of AI technologies.
AI & Disability Inclusion Toolkit
The AI & Disability Inclusion Toolkit is another resource provided by ODEP. This toolkit offers guidance on how to implement AI technologies in a manner that promotes disability inclusion. It includes an Equitable AI Playbook, which provides a blueprint for fostering disability inclusion while procuring, developing, and implementing AI technologies.
Addressing Bias in AI
One of the significant concerns with AI in the hiring process is the potential for bias. AI tools can inadvertently reflect the biases of their creators, leading to the exclusion of qualified candidates with disabilities. For example, AI-powered tools that track eye movement during interviews can disadvantage candidates with disabilities affecting vision or eye contact. ODEP’s resources emphasize the importance of deploying AI tools that are free from such biases.
Best Practices for AI Implementation
If your organization is using or anticipating the use of AI tools in the HR space, the ODEP recommends several best practices to ensure AI tools are used effectively and inclusively:
- Identify Legal Requirements: Identify and gain a sold understanding of the employment-related laws that intersect with the use of AI tools (e.g., nondiscrimination, accessibility and privacy laws).
- Training and Awareness: Provide training for your Human Resources staff on the potential biases and accessibility issues related to the use of AI in the workplace. Human Resources staff should also understand the limitations and functionality of the AI tools available to them and have a strong sense of responsibility in their use.
- Conduct Accessibility Audits: Regularly evaluate AI tools to ensure they are accessible to all users.
- Feedback Mechanisms: Establish channels for employees and candidates to provide feedback on their experiences with the company’s AI tools.