DOJ releases guidance for employers on using AI and algorithms in hiring processes

The Department of Justice today issued directives on the use of algorithms and artificial intelligence in hiring processes and the responsibilities of employers under the Americans with Disabilities Act. The DOJ noted that “while these technologies can be useful tools for some employers, they can also lead to unlawful discrimination against certain groups of applicants, including people with disabilities,” and that “when designing or choosing hiring technologies, employers need to consider how these tools might impact different disabilities.

According to the guidelines, companies should avoid using technologies, including third-party technologies, that discriminate against people with disabilities and ensure that they do not unfairly exclude people with disabilities. Additionally, companies must ensure that the technologies used to administer the tests as part of the hiring process measure “only a candidate’s relevant skills and abilities, rather than reflecting impaired sensory, manual, or oral abilities.” of the candidate that the tests do not seek to measure. .”

The guidelines provide several illustrative examples of how an employer might use algorithmic or artificial intelligence technologies in a way that could violate Title I of the ADA, which is enforced by the Equal Opportunity Commission in employment for private employers. The DOJ has also reminded corporate employers that they are required to provide reasonable accommodations to applicants with disabilities.

Sharon D. Cole