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ARTICLE · 10 JULY 2023

Artificial Intelligence: EEOC'S Guidance For Employers

Morrison Foerster
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Employers are increasingly using artificial intelligence (AI) to make employment decisions to save time and effort, increase objectivity and decrease bias, and optimize employee performance.

United StatesEmployment and HR
Michael Schulman
Michael Schulman
Sadé V. Tidwell
Sadé V. Tidwell
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Highlights:

  • It is crucial to consider disparate impact discrimination and ensure job-relatedness when utilizing selection tools.
  • Employers have the responsibility to audit and validate AI results in employment decisions.
  • The four-fifths rule and statistical analysis play a significant role in assessing disparate impact.
  • Federal agencies prioritize monitoring the use of AI in employment decisions.
  • Employers using AI in selection procedures should conduct thorough reviews, validations and ongoing audits.

Employers are increasingly using artificial intelligence (AI) to make employment decisions to save time and effort, increase objectivity and decrease bias, and optimize employee performance. The Equal Employment Opportunity Commission (EEOC) issued Technical Assistance Guidance (Guidance) regarding the use of software, algorithms, and artificial intelligence (AI) in employment selection in May. The Guidance is part of the EEOC's ongoing efforts to

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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