EEOC issues guidance on using artificial intelligence in hiring

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance on the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The guidance discusses how employers’ use of tools that rely on algorithmic decision-making may violate the Americans with Disabilities Act (ADA).

When HR uses AI

In its guidance, the EEOC identifies different types of software with algorithmic decision-making that employers may use at various stages of the employment process. The software includes:

• Résumé scanning programs that prioritize applications using certain keywords;
• Monitoring software that rates employees based on their keystrokes or other factors;
• Video interviewing software that evaluates candidates based on facial expressions and speech patterns; and
• Testing software that provides “job fit” scores regarding personality, aptitude, or cognitive skills.

The EEOC also explains that an employer may still be responsible under the ADA for using such tools even if they are designed or administered by another entity.

Common ways AI and algorithmic tools may violate ADA