The ADA and the Impact of Using AI in Employment-Related Decisions
Today, the Equal Employment Opportunity Commission (EEOC) issued a technical assistance document addressing how existing ADA requirements may apply to the use of artificial intelligence (AI) in employment-related decision making. The technical assistance document discusses how the use of these tools may create disadvantages for job applicants and employees with disabilities. “When this occurs, employers may risk violating federal Equal Employment Opportunity (“EEO”) laws that protect individuals with disabilities.”
Questions and answers detail various instances of the use of algorithmic decision-making tools with regard to the ADA in general, reasonable accommodations, screening out qualified individuals with disabilities, and medical examinations. Also provided are promising practices for employers to help with ADA compliance when using AI decision making tools and tips for both job applicants and employees who think that their rights may have been violated.
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