Federal Government Issues Guidelines for the Use of AI in Hiring/Employment

Janet Dickelman


Hi All,


Yesterday, the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice released guidance on disability discrimination when employers use artificial intelligence (AI) or similar computer software both in hiring and on the job. Employers who use AI or algorithms to screen job applicants, monitor employees’ performance at work, or score resumes risk violating the Americans with Disabilities Act if reasonable accommodations are not made for disabled applicants and employees. The EEOC released technical guidelines for employers using AI technology that outlines things they should consider so as not to discriminate against job seekers and employees with disabilities. The guidelines focus on making sure reasonable accommodations are in place, making sure applicants are not screened out of any job or promotion on the basis of disability, and making sure employees or applicants are not asked about disabilities or medical conditions when they should not be under the ADA.


The DOJ guidance provides an overview of rights and responsibilities for both the employer and job candidates. The guidance provides information on the tools and technology employers are using in hiring, clarifies that employers have a responsibility to consider how their tools and technology affect disabled job seekers, explains employers’ obligations under the ADA with regard to using AI and related software, including reasonable accommodations, and provides guidance for employees who believe they have been discriminated against by their employer.


To read the full guidelines from the EEOC, visit https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence.


To read the full guidelines from the DOJ, visit https://beta.ada.gov/ai-guidance/.


If you believe that you have been discriminated against due to your disability as an employee or job applicant through the use of artificial intelligence or similar computer software programs, please contact ACB’s Advocacy Team at advocacy@....  


Swatha Nandhakumar | She/her/hers

Advocacy and Outreach Specialist 

American Council of the Blind

1703 N Beauregard Street, Suite 420, Alexandria, VA 22311

(T) 202-467-5081 | (F) 703-465-5085

Learn more about us at www.acb.org

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