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EEOC Issues Guidance on Potential Discriminatory Impact of Artificial Intelligence

Williams Mullen sent this email to their subscribers on July 14, 2023.

 

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By: Edward Schenk & Yiorgos L. Koliopoulos

Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics. The rapid progression and use of Artificial Intelligence (AI) is changing the landscape of technology that employers use in their employment practices. In this latest chapter of anti-discrimination law, the Equal Employment Opportunity Commission (EEOC) recently released its guidance on AI, titled “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” (AI Guidance).

The AI Guidance should cause employers to assess AI tools used in employee recruitment, career advancement, and employee retention practices. Doing such an assessment will help employers to evaluate whether AI tools they use could create liability under Title VII and other anti-discrimination laws based on the possibility of unintended discriminatory biases inherent in certain AI technologies.

 
 
 
 
 

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To view a web version of this email please click here Share via Twitter Facebook LinkedIn Google Plus Email Williams Mullen ' RPN e EEOC ISSUES GUIDANCE ON POTENTIAL DISCRIMINATORY IMPACT OF ARTIFICIAL INTELLIGENCE By: Edward Schenk & Yiorgos L. Koliopoulos Federal and state civil rights and anti-discrimination laws prohibit employment discrimination based on race, color, national origin, religion, sex, disability, age, genetic information, and other protected characteristics. The rapid progression and use of Artificial Intelligence (AI) is changing the landscape of technology that employers use in their employment practices. In this latest chapter of anti-discrimination law, the Equal Employment Opportunity Commission (EEOC) recently released its guidance on AI, titled “Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964” (AI Guidance). The AI Guidance should cause employers to assess AI tools used in employee recruitment, career advancement, and employee retention practices. Doing such an assessment will help employers to evaluate whether AI tools they use could create liability under Title VII and other anti-discrimination laws based on the possibility of unintended discriminatory biases inherent in certain AI technologies. Edward Schenk  Partner | V-Card Yiorgos L. Koliopoulos  Associate | V-Card RELATED PRACTICE Artificial Intelligence & Machine Learning Intellectual Property Labor, Employment & Immigration  Please Note:  This newsletter contains general, condensed summaries of actual legal matters, statutes and opinions for information purposes. It is not meant to be and should not be construed as legal advice. Readers with particular needs on specific issues should retain the services of competent counsel. For more information, please visit our website at www.williamsmullen.com or contact any member of our team. Update my details      |      Edit my subscriptions      |      Forward to a friend      |       www.williamsmullen.com A PROFESSIONAL CORPORATION Facebook LinkedIn Twitter YouTube Williams Mullen - finding yes MULLEN findingyes
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