Software, algorithms, and AI: new EEOC guidance for employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s interview questions and upload them for a robot to review.

Using software to review applicant resumes and robot interviews may sound like far-fetched practices of the distant future, but some employers are already starting to rely on these machine-assisted methods.

The future is here

On May 12, the Equal Employment Opportunity Commission (EEOC) released new guidance for employers that noted that they have “a wide variety of computer-based tools available to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment.”

Examples of software, algorithms, and artificial intelligence (AI) that employers are already using include:

• Algorithms to scan resumes for key words;
• Video software to analyze facial expressions during interviews;
• Software to monitor employee keystrokes; and
• Chatbots to conduct initial screening interviews.

EEOC guidance

Last year, the EEOC formed a task force to review the use of AI and algorithmic decision-making tools. In addition, it recently issued helpful guidance for employers who may be considering whether to implement these programs.