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The new EEOC, DOJ Guidance aims to adopt discrimination in AI technology




This effort aims to reduce discrimination and prejudice in the algorithms, AI and software used in the recruitment process.

The use of new technologies like AI in the recruitment process often faces bias concerns, especially as agencies are working to improve fair service.

The Equal Employment Opportunity Commission and the Ministry of Justice released new guidance on Thursday aimed at alleviating discrimination against persons with disabilities when employers use technology in employment and employment decision-making.

The document states that the algorithms, AI, and other software used in the recruitment process and screening often discriminate against job seekers with disabilities. This includes technologies such as computer-based testing that measures applicants’ skills and abilities, evaluates applicants’ resumes, and lets AI evaluate online video interviews.

EEOC and DOJ will enforce guidance in accordance with Americans with Disabilities Act and federal law prohibiting employers and businesses from discriminating on the basis of disability. It will require all employers from the public and private sectors to comply.

The Department of Justice is working to address the disability of people with disabilities seeking to enter the employment market using the ADA, said Assistant Assistant Attorney Christen Clark of the DOJ Civil Rights Division, Media. Said at the event. As our technology continues to advance rapidly, we also need our enforcement efforts to ensure that people with disabilities are left behind in the digital world.

This guidance is compliant with EEOC Chair Charlotte Burrows AI and the Algorithmic Fairness Initiative, which was launched last year to ensure that new technologies applied to employment decision-making comply with federal civil rights law.

According to the US Bureau of Labor Statistics, individuals with disabilities face almost twice the unemployment rate of other non-disabled workers, Burroughs said. More than 80% of employers know that they are starting to use AI in some way for a wide range of jobs and employment decisions, so to explain how to make doing it really work. I thought it was very important to make sure it was useful. Instead of becoming a high-tech path to discrimination, with civil rights law.

Burroughs said employers seeking to prevent discrimination against persons with disabilities throughout the hiring process need to keep in mind three different warning signs across the vendor products they use. The first of these is the lack of reasonable accommodation for future applicants with disabilities.

If the vendor doesn’t think [reasonable accommodation], Burroughs said he wasn’t ready to engage in what had to be a warning signal. One of the things that can happen is an assessment or other assessment when everything is automated. It is very difficult for people with disabilities to raise their hands and say, “Hey, I need accommodation.”

Screening out is the second possible method of discrimination against persons with disabilities, Burrows added. This is when the algorithm and AI used by the employer select applicants based on the evaluations they perform. These algorithms can sometimes screen applicants with disabilities rather than their ability to meet job requirements. This pointed out that Burroughs was a major issue for all of these technologies.

Third, Burrows said the AI ​​used in the recruitment process could also violate ADA restrictions on disability-related inquiries and health examinations.

For example, one of the questions employees ask in an automated process is: Have you ever applied for workers’ accident compensation? Well, often it’s a disability, but it will reveal that the person had some disability, it’s some kind of injury left to it, Burroughs said. Since it is a forbidden question, employers need to make sure that such things are not incorporated into the technology.

To reduce discrimination against persons with disabilities when using employment software, DOJ’s guidance tests job skills rather than disability or other assessments that measure an applicant’s sensory, manual, or conversational skills. It is recommended to evaluate.

Job seekers who feel their rights have been violated can either file a crime of discrimination with the EEOC or file a complaint with the DOJ Citizenship Division.




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