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If your organization uses AI when making employment decisions, then you should know about an EEOC hearing in which attendees discussed the benefits and harms of this process.

An EEOC Press Release

The Equal Employment Opportunity Commission (EEOC) has been reviewing the use of Artificial Intelligence (AI) for employment decisions. In a Press Release, they announced that they’d held a public hearing called: “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier”, which featured expert testimony from twelve qualified individuals.

According to EEOC Chair Charlotte A. Burrows, the goals were to “educate a broader audience about the civil rights implications of the use of these technologies and to identify next steps that the Commission can take to prevent and eliminate unlawful bias in employers’ use of these automated technologies. We will continue to educate employers, workers and other stakeholders on the potential for unlawful bias so that these systems do not become high-tech pathways to discrimination.”

Testimonies

The hearings were attended by around 2,900 people. They considered feedback from experts who shared their thoughts about the use of AI for employment decisions. Some key statements from the hearing included:

“When AI is incorporated into automated decision systems, or predictive algorithms, and used for hiring and promotion, these tools offer many advantages to employers, including efficiency and scalability. They also have the potential to remove some forms of human bias from these processes. However, as is now well recognized, these tools can operate in ways that are biased, and may discriminate along the lines of race, sex, and other protected characteristics. Computer based assessments can also create barriers to equal employment for individuals with disabilities.”

“There is a disturbing lack of scientific evidence supporting claims that machine-learning, automated hiring processes provide any practical utility other than user convenience. Predictive algorithms claim to identify the “best” or preferred candidates but may instead perpetuate biased representation rates and identified traits and interests of “favored” incumbent employees that are not job relevant.”

“That most employment decisions will be assisted by, or made by, an AI system is a sea change in the employer-employer relationship, and in turn, requires profound change at the EEOC. Continuing the work of the Artificial Intelligence and Algorithmic Fairness Initiative, the EEOC should systematically consider these AI applications, develop tailored guidance for each under all of the EEOC’s legal authorities, and build necessary enforcement capacity.”

About The EEOC

The EEOC is “responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.”

They investigate charges of discrimination against employers. After assessing each one, they make a finding and, when appropriate, attempt to settle the charge. This involves factors such as the “strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination.”

Review Your Policies

It’s important for employers to review their hiring and screening policies periodically to ensure they comply with all relevant laws and EEOC regulations. We recommend maintaining written procedures that are reviewed and approved by legal counsel.

Running Background Checks

If your organization needs background checks for employment purposes, please contact us. Our experienced team can help you customize screening packages based on your needs, applicable laws and industry standards. We are available to assist you Monday through Friday from 5am to 6pm PT.