These new technologies, while promising in many respects, have garnered the attention of the Equal Employment Opportunity Commission, which last year launched the Artificial Intelligence and Algorithmic Fairness Initiative. The EEOC announced the initiative's intended mission "to ensure that the use of software, including artificial intelligence (AI), machine learning and other emerging technologies used in hiring and other employment decisions comply with the federal civil rights laws that the EEOC enforces."

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.