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ARTICLE · 16 AUGUST 2023

EEOC's Settlement Challenging Simple Algorithm Provides Warning For Employers Using Artificial Intelligence

Seyfarth Shaw LLP
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Last week, the US Equal Employment Opportunity Commission ("EEOC") filed a settlement agreement in a lawsuit that many are calling the EEOC's "first-ever" ...

United StatesEmployment and HR
Rachel V. See
Rachel V. See
Annette Tyman
Annette Tyman
Joseph R. Vele
Joseph R. Vele
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Seyfarth Synopsis: Last week, the US Equal Employment Opportunity Commission ("EEOC") filed a settlement agreement in a lawsuit that many are calling the EEOC's "first-ever" artificial intelligence discrimination in hiring lawsuit. The settlement serves as a strong reminder of the EEOC's ongoing emphasis on AI and algorithmic bias, and a reminder to employers that the results of any technology-assisted screening process should comply with existing civil-rights laws. In this alert, Seyfarth discusses key takeaways from this settlement for all employers, regardless of whether their hiring technology might be characterized as an "artificial intelligence" tool.

The EEOC's lawsuit, against iTutor Group and its related companies ("iTutor"), involved an employer that hired thousands of tutors in the United States each year to provide online tutoring from their homes or other remote locations. Under the EEOC's proposed consent decree filed last week, the employer will pay

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