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ARTICLE · 19 MAY 2022

EEOC Issues Guidance On Artificial Intelligence And Americans With Disabilities Act Considerations

Littler Mendelson
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On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a "Technical Assistance" (TA) document addressing compliance with ADA requirements and agency policy...

United StatesEmployment and HR
James A. Paretti, Jr.
James A. Paretti, Jr.
Niloy Ray
Niloy Ray
Marko MrKonich
Marko MrKonich
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On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document  addressing compliance with ADA requirements and agency policy when using AI and other software to hire and assess employees. The agency also published a short “Tips for Workers” summary of this guidance.  Neither of these documents has the force or effect of law, nor are they binding on employers; as the accompanying press release notes, this guidance is meant to be educational, “so that people with disabilities know their rights and employers can take action to avoid discrimination.”  Nevertheless, we see several take-aways regarding the Commission's likely expectations and areas of focus when regulating the use of such tools in hiring or assessing employees:

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