January 19, 2023

EEOC to Hold Public Hearing on Use of AI in Hiring and Assessment

The Equal Employment Opportunity Commission (EEOC) is continuing its 2022 Technical Assistance Initiative – addressing compliance with Americans with Disability (ADA) requirements when using artificial intelligence (AI) and other software in hiring and assessing employees – with a public hearing set for January 31, 2023.

The Technical Assistance Initiative, better known as the Artificial Intelligence and Algorithmic Fairness Initiative was undertaken by the EEOC to ensure that the use of software, including AI, used in hiring and other employment decisions complies with the federal civil rights laws that the EEOC enforces. In connection with the Initiative, the EEOC published a guide for employees, Tips for Workers: The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence that can also assist employers in avoiding potentially discriminatory conduct when utilizing AI in hiring or assessing employees.

The Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier public hearing will include a panel discussion concerning civil rights implications of automated systems and how these technologies can further the interests of accessibility, diversity, equity and inclusion. The live in-person hearing begins at 10am EST and will be livestreamed with telephone listening options.