by The Equal Employment Opportunity Commission (EEOC) has announced that it will discuss “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier” at its next Commission meeting on January 31, 2023, at 9 a.m. Central Time. The meeting is open to the public and available via video conferencing.
AI Definitions and How AI is Being Used in HR
Artificial intelligence (AI) is a broad term used to describe an area of computer science that creates intelligent machines that work and react like humans. Machine learning is a subset of AI that addresses how computer programs interpret data and learn. Machine learning can recognize patterns and make predictions to ‘train’ AI. Digital assistants are related tools that allow users to ask questions using their own words. A typical digital assistant example in human resources practice is in talent acquisition. Many employers provide online support for new hires to complete onboarding steps through digital assistants. The digital assistant can answer common questions and direct the user through each step.
AI products are being offered to employers to increase efficiency and effectiveness in many stages of the employment cycle. There are multiple vendors providing AI solutions for talent management, career development, succession planning, compensation, and training. At the same time, observers have raised concerns about the potential for the tools to have a disparate impact on some groups of applicants and employees.
EEOC Concerns
The EEOC has been one of the observers identifying risks in employer use of computer-based tools to select employees, monitor worker performance, determine pay, and establish employment terms. Acknowledging the potential for such tools to increase objectivity and to save time and effort, the EEOC has pointed out specific concerns about the impact of AI on applicants and employees. In May 2022, the EEOC published a technical assistance document entitled “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees” detailing risks. The agency also provided links to resources for employees and employers regarding the use of AI in human resources practice. These resources include an American Sign Language video, a webpage on Tips for Workers, and information on the agency’s initiative regarding artificial intelligence and algorithmic fairness. See https://www.eeoc.gov/eeoc-disability-related-resources/artificial-intelligence-and-ada
Details on Upcoming Commission Meeting
HR professionals, particularly those who are using or considering using AI tools, may want to sit in on the EEOC’s upcoming meeting to better understand the EEOC’s current position on the topic. For details on attending the Commission meeting via video conference, see https://www.eeoc.gov/next-commission-meeting.
