Employers Beware: The EEOC is Monitoring Use of Artificial Intelligence

Earlier this month, the Equal Employment Opportunity Commission (EEOC) held a webinar on artificial intelligence (AI) in the workplace. Commissioner Keith Sonderling explained that the EEOC is monitoring employers' use of such technology in the workplace to ensure compliance with anti-discrimination laws. The agency recognizes the potential for AI to mitigate unlawful human bias, but is wary of rapid, undisciplined implementation that may perpetuate or accelerate such bias. Sonderling remarked that the EEOC may use Commissioner charges--agency-initiated investigations unconnected to an employee's charge of discrimination--to ensure employers' are not using AI in an unlawful manner, particularly under the rubric of disparate impact claims. The EEOC's interest in this topic is not new.