June 29, 2023 — The term AI (short for artificial intelligence) still has that new buzzword smell, but the march of regulation is already underway. We expect to see more like the following:
The U.S. Equal Employment Opportunity Commission (EEOC) issued new technical assistance today (Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission [eeoc.gov]), explaining the application of Title VII of the Civil Rights Act of 1964 to automated systems that incorporate artificial intelligence in a range of HR-related uses.
The EEOC explained that without proper safeguards, employers might violate Title VII when they use AI to select new employees, monitor performance, and determine pay or promotions. Employers will be held responsible for any of these violations*, even if the AI tool is administered by a third party, such as a vendor paid by the employer to deliver the service.
*Yes, that's a new compliance risk right there.
Author
Dr. Gary Anderberg
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