Technical Report Issued on the Use of AI in Employment Decision Making

By: Kermit Olson

The use of artificial intelligence (AI) in employment decision making is receiving ever increasing attention from governmental agencies such as the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP). Several state and local jurisdictions have passed (e.g., California, Illinois, Maryland, New York City) or are proposing (e.g., Connecticut, Massachusetts, New Jersey, Vermont) legislation regarding the use of AI in employment decision making. These requirements are expected to have tremendous impact on employment policy, compliance, and litigation for years to come.

Because of the growing complexity of this issue, The Institute for Workplace Equality established and facilitated the Artificial Intelligence Technical Advisory Committee (AI-TAC) to prepare the Report on EEO and DEI&A Considerations in the use of Artificial Intelligence in Employment Decision Making. This is a key resource in the broader policy debate on how AI is used in employment decisions and how the agencies that govern the workplace will address AI in their policy and compliance efforts. The AI-TAC, led by former EEOC Chair Victoria Lipnic, was comprised of a multi-disciplinary team of experts including data scientists, industrial organizational psychologists, employment attorneys representing employers and workers, employers using AI tools for employment decisions, vendors who develop and provide AI tools for employment decisions, and former EEO government agency officials.  

The AI-TAC examined some of the most important EEO and anti-discrimination issues related to the use of AI-enabled employment tools as they operate within the current regulatory framework. The Report provides a comprehensive technical review explaining existing professional standards and established legal precedent in the context of AI-enabled tools in employment. In-depth coverage of five focus areas includes:  

  • Uses and Applications of AI in Employment Decision-Making 
  • Transparency and Fairness from Employers to Applicants and from Vendors to Employers 
  • Data Collection Issues Related to Validation, Algorithm Development, and Privacy 
  • Uniform Guidelines on Employment Selection Procedures Applicability for Validation and Adverse Impact of AI-Enabled Tools  
  • Statistical Methods Used to Evaluate Adverse Impact and Issues Raised by AI-Enabled Tools and Processes 

The Report serves as an important reference source for users and developers of these tools as well as enforcement agencies, employee advocates, employer organizations, professional organizations, and academic institutions considering the implications and issues that arise with use of developing AI technology. 

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