algorithmic decision-making tool
EEOC Issues Guidance on Artificial Intelligence and Disability Discrimination Under the ADA
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.