OFCCP Releases New Guidance on Artificial Intelligence

 By law, covered federal contractors are obligated to ensure they do not discriminate in employment and that they take affirmative action to make certain employees and applicants are treated without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.  These obligations extend to the federal contractor's use of AI when making employment decisions.

 

Federal contractors may utilize AI to increase productivity and efficiency in their employment decision-making.  Using Artificial Intelligence has the potential to create unlawful bias and automate unlawful discrimination---for instance, a resume scanner programmed to reject applicants with gaps in employment.  It doesn't take into account applicants that took time off for the birth of a child or for the medical treatment for a disability, which then creates adverse impact, employment practices that appear neutral but have a discriminatory effect on a protected group, such as women or individuals with disabilities. This may violate laws enforced by the OFCCP.  This specific example may also raise issues under Title VII of the Civil Rights Act of 1964 (Title VII) and or under the Americans with Disabilities Act of 1990 (ADA).

 

Source(s): govdelivery.com; received on April 30, 2024 OFCCP, accessed on May 10, 2024