Assess artificial intelligence used in hiring for Title VII and ADA risk
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each hiring step that uses a tool, the trait the tool scores, and the document that describes the job. Write no conclusion on whether the step is lawful.
- What the lawyer must review
- You decide the risk. The EEOC explainer of 29 April 2024 says recruiting, screening and hiring can involve artificial intelligence, that the federal discrimination laws apply to that use, and that both intentional discrimination and unjustifiable disparate impact are unlawful. Its examples include a resume screener programmed to reject people because of a protected characteristic, and video-interview software that scores speech patterns affected by a disability. Title VII (42 U.S.C. § 2000e-2(a)(2)) reaches a classification of applicants that deprives or tends to deprive an individual of employment opportunities because of race, color, religion, sex or national origin. ADA section 12112(b)(6) reaches selection criteria that screen out or tend to screen out an individual with a disability, or a class of such individuals, unless the criteria are job-related and consistent with business necessity. Section 12112(b)(7) requires tests to be selected and administered so that, when a disability impairs sensory, manual or speaking skills, the results reflect the skill the test purports to measure. You do not treat a vendor's statement that the tool is fair as the business-necessity showing.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.