EEOC issues new technical assistance on use of AI under ADA

In recent years, states such as Illinois and Maryland have passed laws regulating the use of artificial intelligence (AI) in employment, and more states are likely to do so in the coming years. On the other hand, the federal government has largely stayed out of the space, but that is beginning to change.

On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) issued technical assistance addressing the interaction between the Americans with Disabilities Act (ADA) and AI tools used in employment (https://bit.ly/3GeCidg). Beginning last fall, the commission showed a renewed focus on AI, but this technical assistance is unique because it represents the first substantive guidance for employers from the agency.

EEOC renews interest in AI

The EEOC last showed significant interest in AI in 2016, when it held a commission meeting titled “Big Data in the Workplace: Examining Implications for Equal Employment Opportunity Law.” Following that meeting, the EEOC was largely dormant on the issue until October 2021, when Chair Charlotte Burrows announced a new agencywide initiative on AI (https://bit.ly/3lyGjiS). The initiative’s goals include gathering “information about the adoption, design, and impact of hiring and other employment-related technologies” and “issuing technical assistance to provide guidance on algorithmic fairness and the use of AI in employment decisions.”