Punching In: Labor Agency’s AI Tips Are Information Overload
A new AI & Inclusive Hiring Framework launched by the Partnership on Employment & Accessible Technology and funded by the US Labor Department includes 10 different focus areas employers should consider to avoid disability discrimination when deploying artificial intelligence in the hiring process.
Those areas are: ensuring human oversight of the technology, including individuals with disabilities in decision making on AI, providing accommodations, and identifying legal requirements, among other practices.
Blaming discrimination on an AI tool “is really not a defense that’s going to work out for a company,” said Marissa Mastroianni, a member of Cole Schotz PC. “I think the guidance, especially this guidance,” she added, “is ‘you must do your due diligence.’”
She also noted that the website includes a disclaimer that the material doesn’t necessarily reflect the views of the DOL.
“So as far as does this create some sort of precedent, legally speaking,” she said, “I think the answer is probably no.”
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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