The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of AI with the laws that the agency enforces.
Among other things, the new guidance cautions employers against relying on vendor statements that an AI tool has been “validated” or is “bias free.” In addition, the EEOC encourages employers to disclose the use of any AI tools and the traits and characteristics each tool assesses so applicants and employees can be properly informed as to whether they should request a reasonable accommodation.
Members of the Center for Workplace Compliance (CWC) can read more here.