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ARTICLE · 16 MAY 2022

EEOC, DOJ Warn Artificial Intelligence In Employment Decisions Might Violate ADA

Ogletree, Deakins, Nash, Smoak & Stewart
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The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI)...

United StatesEmployment and HR
Jennifer G. Betts
Jennifer G. Betts
Danielle Ochs
Danielle Ochs
Zachary V. Zagger
Zachary V. Zagger
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The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.

The new technical assistance from the EEOC highlights issues the agency thinks employers should consider to ensure such tools are not used to treat job applicants and employees in ways that the agency says might constitute unlawful discrimination under the Americans with Disabilities Act (ADA). The DOJ jointly issued similar guidance to employers under its authority. Further, the EEOC provided a summary document designed for use by employees and job applicants, identifying potential issues and laying out steps employees and applicants can take to raise concerns.

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