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EEOC Issues Guidance on Artificial Intelligence and Disability Discrimination Under the ADA

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The ADA, which applies to employers with 15 or more employees, prohibits discrimination based on disability and requires reasonable accommodations to allow qualified individuals with disabilities to be evaluated for or perform a job. The EEOC's guidance on AI explains how, in the absence of safeguards, an employer's use of certain software tools to select new employees, monitor performance, determine pay or promotions, or administer or score tests may violate these ADA provisions. This Compliance Overview provides the EEOC's guidance for employers. Employers now have a wide variety of computer-based tools available to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment. Employers may utilize these tools to save time and effort, increase objectivity or decrease bias. When this occurs, employers may risk violating federal equal employment opportunity (EEO) laws that protect individuals with disabilities.


How to Respond to the Future of Work: The Importance of Upskilling

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How are you evolving your skills for the future of work? This is one of the most pertinent questions workers are asking themselves. However, the answer is constantly changing. With every new technology, innovation, regulation, and system, the most in-demand skills shift. The capabilities that employers are looking for today are no longer the capabilities of last year, and in many industries this has created a significant skills gap.


Disability Bias in AI Hiring Tools Targeted in US Guidance (1)

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Employers have a responsibility to inspect artificial intelligence tools for disability bias and should have plans to provide reasonable accommodations, the Equal Employment Opportunity Commission and Justice Department said in guidance documents. The guidance released Thursday is the first from the federal government on the use of AI hiring tools that focuses on their impact on people with disabilities. The guidance also seeks to inform workers of their right to inquire about a company's use of AI and to request accommodations, the agencies said. "Today we are sounding an alarm regarding the dangers of blind reliance on AI and other technologies that are increasingly used by employers," Assistant Attorney General Kristen Clarke told reporters. The DOJ enforces disability discrimination laws with respect to state and local government employers, while the EEOC enforces such laws in the private sector and federal employers.


Use of algorithms, AI for hiring risks discriminating against disabled, Biden admin says

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The Biden administration announced Thursday that employers who use algorithms and artificial intelligence to make hiring decisions risk violating the Americans with Disabilities Act if applicants with disabilities are disadvantaged in the process. The majority of American employers now use the automated hiring technology -- tools such as resume scanners, chatbot interviewers, gamified personality tests, facial recognition and voice analysis. The ADA is supposed to protect people with disabilities from employment discrimination, but just 19 percent of disabled Americans were employed in 2021, according to the Bureau of Labor Statistics. Kristen Clarke, the assistant attorney general for civil rights at the Department of Justice, which made the announcement jointly with the Equal Employment Opportunity Commission, told NBC News there is "no doubt" that increased use of the technologies is "fueling some of the persistent discrimination." "We hope this sends a strong message to employers that we are prepared to stand up for people with disabilities who are locked out of the job market because of increased reliance on these bias-fueled technologies," she said.


DOJ, EEOC 'sounding alarm' on how AI, related tools can violate ADA

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The technical assistance is a follow up to EEOC's announcement last fall that it would address the implications of hiring technologies for bias. In October 2021, Chair Charlotte Burrows said the agency would reach out to stakeholders as part of an initiative to learn about algorithmic tools and identify best practices around algorithmic fairness and the use of AI in employment decisions. Other EEOC members, including Commissioner Keith Sonderling, have previously spoken about the necessity of evaluating algorithm-based tools. A confluence of factors have led the agencies to address the topic, Burrows and Clarke said during Thursday's press call. One is the persistent issue of unemployment for U.S. workers with disabilities.


U.S. warns of discrimination in using artificial intelligence to screen job candidates

NPR Technology

Assistant Attorney General for Civil Rights Kristen Clarke speaks at a news conference on Aug. 5, 2021. The federal government said Thursday that artificial intelligence technology to screen new job candidates or monitor their productivity can unfairly discriminate against people with disabilities. Assistant Attorney General for Civil Rights Kristen Clarke speaks at a news conference on Aug. 5, 2021. The federal government said Thursday that artificial intelligence technology to screen new job candidates or monitor their productivity can unfairly discriminate against people with disabilities. The federal government said Thursday that artificial intelligence technology to screen new job candidates or monitor worker productivity can unfairly discriminate against people with disabilities, sending a warning to employers that the commonly used hiring tools could violate civil rights laws.


Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring

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This guidance explains how algorithms and artificial intelligence can lead to disability discrimination in hiring. The Department of Justice enforces disability discrimination laws with respect to state and local government employers. The Equal Employment Opportunity Commission (EEOC) enforces disability discrimination laws with respect to employers in the private sector and the federal government. The obligation to avoid disability discrimination in employment applies to both public and private employers. Employers, including state and local government employers, increasingly use hiring technologies to help them select new employees.


Harnessing artificial intelligence to transform the employee experience

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Successful organizations have long known that their employees are their biggest asset, but recent job numbers show how hard organizations have to work to retain them. According to the U.S. Department of Labor's Job Openings and Labor Turnover Survey, the rate of quit levels remained significant at 4.2 million in December 2021 while job openings continued to be high at 10.9 million. This is a strong indication that the pandemic has turned the tables on the employer-employee dynamic. As lines between work and life have blurred for many – employees have started to reassess what's important to them and in turn, what they expect from their employers. Of course, salaries and benefits are still important, but they are considered table stakes.


How AI and video are redefining talent recruitment

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We are excited to bring Transform 2022 back in-person July 19 and virtually July 20 - 28. Join AI and data leaders for insightful talks and exciting networking opportunities. While there's a vast amount of data available for HR and talent analytics today, most organizations are still not reaping the benefits of their analytics investments. Gartner reports that just 21% of HR leaders use data to "shape talent acquisition and recruiting strategies, improve employee engagement and inform other business decisions." As the report notes, more data doesn't necessarily mean more action. However, Myinterview -- an Israel-based company that aims to enable hiring managers to leverage video for pre-screening candidates at scale -- says it has developed a platform that captures, plays and interprets videos generated from candidates who respond to pre-determined questions.


Research Scientist, Computer Vision

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As the health and safety of our candidates and our employees come first, we're excited to provide virtual experiences for interviews and new hire on-boarding. Dataminr puts real-time AI and public data to work for our clients, generating relevant and actionable alerts for global corporations, public sector agencies, newsrooms, and NGOs. Our real-time alerts enable tens of thousands of users at hundreds of public and private sector organizations to learn first of breaking events around the world, develop effective risk mitigation strategies, and respond with confidence as crises unfold. Dataminr is making its mark for growth and innovation, recently earning recognition on the Deloitte Technology Fast 500, Forbes AI 50 and Forbes Cloud 100 lists. We also earned accolades for'Most Innovative Use of AI' from the 2020 AI & Machine Learning Awards.