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Acting Director Hodge discusses contractors use of AI

June 2023 federal employment law insider
Authors: 

H. Juanita Beecher, FortneyScott

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge recently responded to questions from federal contractors on the use of AI in employment decisions. Hodge—who just recently became Acting Director upon the resignation of OFCCP Director Jenny Yang—indicated the OFCCP expects federal contractors to review and analyze whether there are any barriers in employment for women, people of color, individuals with disabilities, and protected veterans.

According to Hodge, that requirement includes using AI in making employment decisions. Like the EEOC in its AI hearing in January, Hodge made it clear contractors are responsible for determining whether AI tools they are using have an adverse impact on any group.

Director of enforcement speaks with contractors

Robert LaJeunesse, OFCCP director of enforcement, gave federal contractors insight on the direction of the agency under the new Acting Director:

  • He noted the agency has hired new labor economists and data scientists so it will have a strong team on audits.
  • He told the group that because of the Secretary of Labor’s decision in Conversys, the agency no longer has to schedule audits in an administratively neutral way but that it was continuing to do so.
  • The agency is considering moving all audits for one contractor into one district office so the audits can be done more efficiently but not so the agency can roll all the data together from the different audits.

OFCCP issues revised disability self-ID form

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