The U.S. Equal Employment Opportunity Commission (EEOC) published new technical guidance on May 18, 2023, titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.
When employers utilize AI to make or inform decisions about how to write technical documentation, hire, promote, terminate, or take other comparable actions, the EEOC has published new rules for corporations about how to assess adverse impact. The new guidance affirms that the guidelines outlined in the EEOC’s guidelines, which are the same rules that apply to other selection devices, also apply to AI.
Here is what exactly is mentioned in the guidelines:
- The Guidelines are applicable where AI is implemented to determine or inform choices about hiring, retaining, or promoting employees.
- If the selection rate for people of a specific race, color, religion, sex or national origin is less than 80% of the rate for the non-protected group, the selection process using AI may be found to have a disparate impact and violate Title VII.
- Employers cannot depend on the AI vendor’s own projections or research about whether their AI tools will have a negative impact on protected groups since they are accountable for any negative impact generated by AI tools that are acquired or operated by third-party AI vendors.
- Employers are advised to evaluate the effects of selection methods that use AI to make or inform hiring decisions early. If there is a negative impact, ensure the tools have been properly validated in accordance with the rules to show that they are task-related in accordance with the business needs.
What are four protected classes under Title VII and how this will be impacted by EEOC’s Technical Document on AI 2023? A brief.
Employment bias that involves race, color, religion, gender or national origin is prohibited by Title VII of the Civil Rights Act of 1964. These are the four protected classes under Title VII.
By addressing potential discrimination difficulties brought on by the use of artificial intelligence in recruiting and employment practices, the EEOC’s technical document on AI 2023 is anticipated to have an influence on these protected groups. AI systems may unintentionally reinforce bias, which could result in prejudice against these protected groups. The document is likely to offer businesses guidance and suggestions on how to design and implement Title VII-compliant AI systems.
Does Title VII apply to all employers; how our attorneys help you if you are eligible?
Firms with 15 or more employees are subject to Title VII of the Civil Rights Act of 1964. Businesses for revenue state, national and local governments, labor associations, and hiring agencies are all included.
Attorneys might be invaluable if you believe you are entitled to Title VII protection because of discrimination that comes under that provision. The lawyers at our firm can assist you in navigating the difficult legal procedure, understanding your rights, and gathering evidence. Our lawyers’ experience guarantees that your case is appropriately presented, raising the possibility of a good result and defending your rights against unlawful workplace discrimination.
Conclusion
Part of the EEOC’s Artificial Intelligence and Algorithmic Fairness Initiative, the technical assistance document seeks to guarantee that software, including AI, used in hiring and other employment decisions conforms with the federal civil rights legislation that the EEOC upholds. By upholding federal laws that forbid employment discrimination, the EEOC promotes opportunity in the workplace. Visit www.eeoc.gov for more details about the EEOC. Keep in touch with the knowledgeable attorneys at our law firm frequently to stay informed of the most recent EEOC news and Contact California Employment Law Group PC at (424) 688-1057.
