OFCCP issues guidance on AI

On April 30, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced the release of a new artificial intelligence (AI) landing page. Following the link, the OFCCP provides 10 FAQs following by “promising practices” on the development and use of AI by federal contractors. While the promising practices aren’t expressly required, the agency describes them as “actions contractors may consider to help avoid potential harm to workers and promote trustworthy development and use of AI”.

In addition, the OFCCP issued an FAQ below as part of the Biden administration’s push to regulate AI. The FAQ reminds federal contractors that their use of AI will be reviewed during periodic audits.

What about “new technology” screening devices like games, challenges, and video submissions that use artificial intelligence (AI) algorithms to assess qualifications?

Irrespective of the level of technical sophistication involved, OFCCP analyzes all selection devices for adverse impact. If OFCCP discovers that a contractor’s use of an AI-based selection procedure is having an adverse impact at a contractor’s establishment, the contractor will be required to validate the selection procedure using an appropriate validation strategy as described in the answer to question 3 above.

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