EEOC targeting discriminatory use of artificial intelligence

Along with states and cities beginning to legislate the use of artificial intelligence (AI) in employment decision-making, the Equal Employment Opportunity Commission (EEOC) has reaffirmed its position of ensuring legally compliant use of AI in this area. In fact, the EEOC expressly identified its intention to prioritize regulating the use of AI systems in employment decision-making when it published its draft Strategic Enforcement Plan (SEP) for 2023-2027.

What’s included in the draft SEP

In the draft SEP, which was published on January 10, 2023, the EEOC outlined the agency’s strategic priorities, including monitoring employment discrimination stemming from employers’ use of AI.

More specifically, “eliminating barriers in recruitment and hiring” is a priority identified in the draft SEP. It states that the “EEOC will focus on recruitment and hiring practices and policies that discriminate against racial, ethnic, and religious groups, older workers, women, pregnant workers and those with pregnancy-related medical conditions, LGBTQI+ individuals, and people with disabilities.”

The draft SEP specifically identifies the following “practices” as those that the EEOC will monitor: