On May 12, 2022, the Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor (DOL) each issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).
The EEOC’s new guidance focuses on the following three ways an employer’s use of software tools for employment decisions may violate the ADA:
The EEOC also provides best practices to help employers avoid these violations.
The DOL’s new guidance provides a broad overview of rights and responsibilities under the ADA. It also provides examples of the types of software tools employers use, clarifies that employers must consider various disabilities when designing or choosing their software, and explains when an employer using software tools must provide a reasonable accommodation.
Employers and Software Use
Employers increasingly use software tools to help select new employees, monitor performance, determine pay or promotions, and administer or score tests. Without safeguards, this use may result in ADA violations.
The ADA requires employers with 15 or more employees to provide reasonable accommodations and have other processes in place to ensure that their software tools do not unfairly rate or screen out qualified individuals with disabilities.
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