The EEOC issued nonbinding guidance in May of 2023, which addresses the use of Artificial Intelligence (AI) regarding employment matters.
The EEOC provided examples of AI utilization, including resume scanners that prioritize applications based on key words, employee monitoring software, virtual assistants that question candidates and automatically reject ones who fail to satisfy pre-defined requirements, and video software that evaluates candidates based on speech or facial recognition.
Tips for employers:
- Be transparent – inform applicants or employees when AI will be utilized, and what AI is being used to measure. Depending on the jurisdiction, utilization of AI may require informed consent.
- Implement or continue human review of AI-assisted decisions.
- Carefully review external vendors and their policies regarding AI.
- Conduct an internal audit as to what is being measured prior to implementation.
The EEOC guidance regarding AI utilization by employees is complex. Employers should consult with an employment law attorney in order to ensure the specific usage of AI complies with EEOC guidelines.
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