Almost 25% of employers use artificial intelligence (AI), such as automated-decision systems, to make employment-related decisions, according to a Society for Human Resource Management survey last year. This was the first recovery the EEOC has obtained in a case alleging unlawful discriminatory use of AI. The SEP recognizes employers’ increasing use of AI, especially in targeting job advertisements and recruiting and hiring employees. To combat “technology-related employment discrimination,” the EEOC says it will focus on how employers’ use of technology contributes to unlawful employment discrimination. Employers that discover, in developing a selection algorithm, that using the tool would have an adverse impact on a protected group should make adjustments.
