DOJ warns AI recruiting and productivity tools could violate anti-discrimination laws

Federal agency is latest to alert companies Potential Bias in AI Recruiting Tools. as Associated Press notesthe Department of Justice and the Equal Employment Opportunity Commission (EEOC) warn Employers argue AI recruiting and productivity systems could violate the Americans with Disabilities Act. These technologies can discriminate against people with disabilities by unfairly excluding job applicants, applying inappropriate performance monitoring, requiring illegally sensitive information, or limiting pay raises and promotions.

As a result, the government agency issued a document (Ministry of Justice, Equal Opportunity Commission) outlines the requirements of the ADA and provides assistance to improve the fairness of AI systems in the workplace. Businesses should ensure that their AI allows for reasonable adjustments. They should also consider how any of their automated tools will affect various disabilities.

There is no guarantee that the company will follow the advice. At the same time, however, companies are under increasing pressure to reduce their use of AI for recruiting and employee tracking.California recently enacted a Productivity Quota Act Prohibit algorithms that violate health, labor, and safety regulations, or that result in the firing of people who fail to meet dangerous quotas. Meanwhile, New York City is now requiring AI-powered recruiting systems to pass annual audits looking for discrimination. Companies that don’t heed the new warnings could face serious legal consequences on multiple levels.

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