The Equal Employment Opportunity Commission (EEOC) has released a new technical assistance document, taking an important step towards preventing discrimination against job seekers and workers. Entitled “Evaluating the Harmful Effects of Software, Algorithms, and Artificial Intelligence Used in Employment Choice Procedures Under Title VII of the Civil Rights Act of 1964,” this resource concerns the adoption of automated systems, including artificial intelligence (AI). Provide guidance to employers. Compliance with Title VII.
Title VII of the Civil Rights Act of 1964 is a fundamental law that prohibits discrimination in employment based on race, color, religion, sex or national origin. Employers have long been advised to monitor traditional decision-making processes to ensure they do not unduly adversely affect protected groups. The emergence of algorithmic decision-making tools requires employers to understand the legal framework surrounding their use.
The use of automated systems, including AI, is becoming increasingly common in employment matters such as candidate selection, performance monitoring, and compensation determination. These tools include a wide range of features such as resume scanners, employee monitoring software, virtual assistants, video interviewing software, testing software, and more. However, these technologies can unintentionally violate civil rights laws, including Title 7, without proper safeguards.
In a statement, EEOC Chair Charlotte A. Burroughs stressed the importance of ensuring alignment between AI technology and civil rights law. “Employers are increasingly interested in AI and other automated systems, and their use of these technologies is consistent with civil rights law and national values of fairness, justice and equality,” Burroughs said. We need to make sure,” he said. The newly released technical assistance document is intended to assist employers and technology developers in designing and deploying AI technologies that comply with these principles.
A technical assistance document provided by the EEOC focuses on the concept of adverse impacts, an important civil rights consideration to prevent AI from leading to discrimination in the workplace. Based on previous technical assistance releases related to AI and the Americans with Disabilities Act and joint commitments with government agencies, the EEOC has provided answers to general questions regarding the application of Title VII to the use of automated systems in employment decisions. Provided to the main and technical developers. In addition, it helps employers assess whether these schemes may adversely affect, or have a different impact on, the protection base covered by Title VII.
For example, to assess adverse effects, employers can use the “four out of five rule” as a rule of thumb. If the selectivity of the protected group is less than her 80% of that of another group, it may indicate substantial differences and potential discrimination. However, this rule is not a replacement for statistical significance testing. Even small differences in selectivity or other aspects can indicate adverse effects. Employers should consider the circumstances and gather additional information about AI tools and their impact on protected groups. Observance of the 4/5 rule alone may not be sufficient to establish a legal procedure under Title VII.
Burroughs encourages employers to conduct ongoing self-analysis to ensure their use of technology is not careless and discriminatory. Additionally, employers should be aware of their responsibility for the AI tools they use, even if they are developed or maintained by an outside vendor. EEOC’s technical assistance documents help employers and vendors better understand how civil rights law applies to automated systems used in their employment.
Integrating AI into hiring decisions offers many benefits, but also poses challenges around fairness and compliance with anti-discrimination laws. The release of the EEOC Technical Assistance Document is part of the broader Artificial Intelligence and Algorithm Fairness Initiative. It serves as a valuable resource for individuals and organizations grappling with the use of algorithmic decision-making tools in the workplace. It does not establish new policy or regulation, but does clarify the application of existing Title VII Principles.
The EEOC aims to help employers and technology developers navigate the complexities of AI technology by promoting fairness, justice and equality. Employers are encouraged to utilize this resource to ensure that automated systems promote equal opportunity and prevent discrimination in the workplace.
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