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DOJ, EEOC Release Technical Assistance Documents on AI-Based Recruitment

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New documents from the Department of Justice and the Equal Employment Opportunity Commission are warning against disability discrimination that may arise from the use of artificial intelligence tools by public and private sector employers.

The technical assistance documents, released Thursday, seek to raise public awareness of AI-based employment screening practices that can violate the rights of people with disabilities when they apply for a job.

“If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it,” said EEOC Chair Charlotte Burrows.

DOJ outlined the obligations of an employer under the Americans with Disabilities Act in the department’s guide titledAlgorithms, Artificial Intelligence, and Disability Discrimination in Hiring” and advised organizations to consider the possible implications of decision-making support algorithms for disabled candidates.

Meanwhile, the commission recommended possible measures for employers to reduce the likelihood of ADA violations in the applicant screening process.

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