Summarise an employer's artificial-intelligence policies against Title VII and the ADA
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Summarise each policy in a table against the employment step it covers, and mark a step in the file that no policy addresses. Write no policy sentence.
- What the lawyer must review
- You decide whether the policies meet the statutes. Title VII (42 U.S.C. § 2000e-2(a)) prohibits an employer from refusing to hire, discharging, or otherwise discriminating in compensation, terms, conditions or privileges of employment because of race, color, religion, sex or national origin, and from classifying employees or applicants so as to deprive them of employment opportunities because of those characteristics. The ADA (42 U.S.C. § 12112(a) and (b)(6)) prohibits disability discrimination, including selection criteria that screen out an individual or a class of individuals with a disability unless the criteria are job-related for the position and consistent with business necessity. Section 12112(d) includes medical examinations and inquiries: a covered entity shall not conduct a medical examination or make a disability inquiry of a job applicant before an offer, except as paragraph (d) provides. The EEOC explainer of 29 April 2024 says these laws apply to artificial intelligence, gives an intentional resume-screener example, and describes disparate impact, video-interview speech scoring, and facial-recognition error. A policy summary is not a finding that the employer complied.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes summarising source material. 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 that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.