AI Guidance from EEOC

May 22, 2023, 9:49 AM

(from Society of Human Resources Management) Employers can't rely on a vendor's assurances that its AI tool complies with Title VII of the Civil Rights Act of 1964. If the tool results in an adverse discriminatory impact, the employer may be held liable, the U.S. Equal Employment Opportunity Commission (EEOC) clarified in new technical assistance on May 18. The guidance explained the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses.

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(from JD Supra) Additionally, it's clear that the "Four-Fifths Rule” Can Be Applied to AI Selections, that the EEOC encourages pro-active audits, and that the EEOC guidance is part of a larger trend. While neither this nor other related guidance documents create new legal standards or can be relied upon with the force of law like a statute or regulation, they do carry weight, may signal where the agencies are focusing their enforcement efforts, and can be cited to by agencies and plaintiffs’ attorneys as best practices that employers should follow. 

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