Audit an employer's AI hiring tool against Title VII and the EEOC's AI explainer
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Index the tool's stated use (screening, interviewing, scoring, monitoring or promotion), the data inputs named in the vendor file, and any validation study in the file. Do not conclude whether the tool is lawful.
- What the lawyer must review
- The EEOC's 29 April 2024 explainer says the laws it enforces apply to AI and other technology in employment just as they apply to other employment practices. Those laws cover race, color, religion, sex (including gender, sexual orientation, and pregnancy, childbirth or related medical conditions), national origin, age (40 or older), disability and genetic information. Discrimination can be intentional, such as programming a resume screener to reject people based on a protected characteristic, or a neutral practice with an unjustifiable disparate impact. Title VII's text prohibits classifying applicants in a way that deprives them of employment opportunities because of race, color, religion, sex or national origin (42 U.S.C. § 2000e-2(a)(2)). The ADA separately restricts disability-related selection criteria and medical inquiries (42 U.S.C. § 12112(b)(6) and (d)). You decide the risk and what the employer must change. Formal Opinion 512 requires you to verify tool output.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information. Confirm 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.