DOJ and EEOC Warn of Employers’ Use of Artificial Intelligence Tools


Last week, the Department of Justice (DOJ) and the Equal Employment Opportunity Commission each released a technical assistance document about disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions. 

According to the DOJ press release, “Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act.” 

The DOJ’s guidance document Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring provides a broad overview of rights and responsibilities.