The Equal Employment Opportunity Commission (EEOC) recently issued additional guidance on the use of software, algorithms, and artificial intelligence (AI) for employment decisions under Title VII of the Civil Rights Act of 1964.

This guidance is part of the 2021 initiative launched by the EEOC to ensure that the use of software and other technologies used in hiring and various employment decisions (“selection procedures”) complies with federal civil rights laws.

These tools are being used by employers with more frequency to streamline processes and optimize employee performance. However, the confusion surrounding their use in various aspects of employment is also drastically increasing, including recruitment, hiring, performance evaluation, and other topics.

In this most recent guidance, the EEOC released Questions and Answers to address concerns and related issues. This Q&A format includes topics on selection procedure, adverse impact, selection rate, and the four-fifths rule.

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Please contact us if you have any questions about the EEOC guidance or have other background screening questions.