The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) have each released a technical assistance document discussing potential disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions.
Employers are increasingly using AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. The agencies stated that these tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).
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