AI discrimination—What EEOC settlement with iTutorGroup, Inc., means for employers

Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three integrated English-language tutoring companies known as iTutorGroup, Inc., confirms any doubts employers might have. Now more than ever, employers should carefully evaluate the benefits and risks of using AI or machine learning in recruiting and for employment decisions like hiring, promotion, and terminations, particularly because statistics show an increasing number of employers are using some form of AI in their hiring process. The EEOC is also continuing to focus on this issue, with the intention of bringing more litigation in this area.