New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools
Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers are generally liable for the outcomes of using selection tools to make employment decisions.
The EEOC's new technical guidance titled, "Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964," details how the EEOC understands Title VII to apply to the use of algorithmic decision-making tools in employment decisions.
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