Beth Langley & D. J. O’Brien
by Beth Langley & D. J. O’Brien
As the use of AI becomes more prevalent in hiring practices, the US Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued joint guidance on 12 May 2022, alerting employers and employees on ways smart technological tools may unwittingly violate the amended Americans with Disabilities Act (ADA).
Examples of AI in hiring include:
The DOJ and EEOC guidance clarifies that employers are responsible for ensuring their hiring technologies, including any embedded AI, comply fully with the ADA, even if the technology is administered by a third party. Regardless of intent, if the use of a technology has the effect of screening out applicants with disabilities, or adversely impacting individuals with a disability, the employer may be violating the ADA. Similarly, if an applicant requests a reasonable accommodation because the technology is not accessible due to the individual’s disability, the employer has an obligation to make a reasonable accommodation, even if the request is made to the third party utilising the technology.
Employers should:
As technology becomes more entrenched in hiring, employers need to ensure that automation does not inadvertently lead to disability discrimination pitfalls.
Brooks Pierce is a full-service corporate law firm providing innovative and comprehensive legal services to businesses, organisations, and individuals worldwide.
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Beth Langley is a Partner in the firm’s Greensboro office with over 25 years of experience counseling employers of all sizes in an assortment of employment law issues. She has represented businesses in employment litigation in matters involving civil rights, non-competition agreements, and trade secret protection. Contact Beth.
D. J. O’Brien is a Partner with Brooks Pierce. His practice is constantly evolving to advise and represent employers and individuals in commercial litigation, employment law, and regulatory enforcement actions. He has deep experience in all levels of federal and state appellate and trial courts in North Carolina, including the NC Business Court. Contact D.J.