U.S. Agencies Release Guidance Documents About ADA Compliance for Employers Using Algorithms

As part of an effort to understand and respond to disability discrimination facilitated by algorithms, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) Civil Rights Division both released documents today offering guidance to employers to promote compliance with civil rights laws.

The EEOC’s technical guidance document, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees,” is part of the agency’s initiative on AI and Algorithmic Fairness launched in October 2021.

The Department of Justice’s Civil Rights Division released guidance on “how algorithms and artificial intelligence can lead to disability discrimination in hiring.” That document outlines the industry of employment algorithms and explains the obligations of employers.

Both documents warn employers to take responsibility in vetting vendors for algorithms that the employers use, as they’ll be responsible for discrimination—regardless of intent—by the algorithmic systems.

EPIC advocates for a moratorium on facial recognition and regulation of AI, and has filed consumer protection complaints about facial recognition used by HireVue and online test proctoring companies.