Using artificial intelligence hiring tools may lead to disability discrimination

Employers using artificial intelligence (AI) to evaluate job applicants and employees may run afoul of laws prohibiting discrimination against people with disabilities, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) recently warned. If your business is relying on that increasingly common technology, be sure it isn’t having a disparate impact on individuals with disabilities.

Why DOJ, EEOC say they’re paying attention

So, why are the federal agencies getting involved? As an assistant attorney general within the DOJ stated:

We are sounding the alarm regarding the dangers tied to blind reliance on AI and other technologies that we are seeing increasingly used by employers. As technology continues to rapidly advance, so too must [the DOJ’s and the EEOC’s] enforcement efforts to ensure that people with disabilities are not marginalized and left behind in the digital world.

The Americans with Disabilities Act (ADA) seeks to remove barriers for people with disabilities in everyday activities, including employment. It’s important to remember the Act applies to all parts of employment, including how an employer selects, tests, or promotes employees.

In their guidance, the DOJ and the EEOC explained employers are increasingly using AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Using the technology may lead to discrimination, even if it’s unintentional.