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Justice Department and EEOC Issue Guidance on Disability Discrimination in Use of Artificial Intelligence in Hiring

As the use of artificial intelligence (AI) becomes more prevalent in hiring practices, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on May 12, 2022, alerting employers and employees on ways smart technological tools may unwittingly violate the Americans with Disabilities Act (ADA), as amended.

Examples of AI in hiring include:

  • Advertising jobs to targeted applicants;
  • Screening job applicants;
  • Online interviewing with “chat” boxes;
  • Using computerized screening tests that measure applicants’ skills, abilities and personalities; and
  • Scoring applicants’ resumes.

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