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ARTICLE · 06 JUNE 2023

EEOC Warns Software Algorithms, Artificial Intelligence May Give Rise To Title Vii Exposure

Lewis Brisbois Bisgaard & Smith LLP
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Employers and human resource (HR) professionals increasingly are turning to algorithmic decision-making tools to assist in making employment decisions such as recruitment...

United StatesEmployment and HR
Philip Hinson
Philip Hinson
Margaret Taviano
Margaret Taviano
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Charlotte, N.C. (May 31, 2023) - Employers and human resource (HR) professionals increasingly are turning to algorithmic decision-making tools to assist in making employment decisions such as recruitment, hiring, retention, promotion, transfer, performance monitoring, dismissal, and referral. When used in a thoughtful and deliberate manner, these technology tools can increase objectivity, decrease bias, and enhance the efficiency of routine employment decision-making. However, these tools may have unintended consequences—they may create legal exposure under Title VII of the Civil Rights Act of 1964 by using selection procedures in a manner that adversely affects a legally protected group or groups.

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