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EEOC Launches Initiative to Ensure Artificial Intelligence Usage Complies with Anti-Discrimination Laws


Agency will examine how technology is changing the way employment decisions are made

On October 28, 2021 the Equal Employment Opportunity Commission (EEOC) announced that it is launching an initiative to ensure that artificial intelligence (AI) and other tools used in making employment decisions comply with federal anti-discrimination laws that the agency enforces.  According to EEOC Chair Charlotte A. Burrows “artificial intelligence and algorithmic decision-making tools have great potential to improve our lives, including in the area of employment.  At the same time, the EEOC is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs.”

EEOC plans to:

  • Establish an internal working group to coordinate the agency’s work on the initiative; 
  • Launch a series of listening sessions with key stakeholders about algorithmic tools and their employment ramifications; 
  • Gather information about the adoption, design, and impact of hiring and other employment-related technologies; 
  • Identify promising practices; and 
  • Issue technical assistance to provide guidance on algorithmic fairness and the use of AI in employment decisions.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.