The Fact
The U.S. Equal Employment Opportunity Commission states that federal employment anti-discrimination laws still apply when employers use artificial intelligence, algorithms, machine learning, or other automated systems to make or inform hiring and other employment decisions.
What This Means
Using software does not create a legal exemption from employment-discrimination law. An employer can still be responsible for discriminatory employment outcomes produced through an automated selection process.
Sources
- U.S. Equal Employment Opportunity Commission. “EEOC Launches Initiative on Artificial Intelligence and Algorithmic Fairness,” October 28, 2021; EEOC 2023 Annual Performance Report and AI/Algorithmic Fairness materials.