May 30, 2023 • News

EEOC Issues Guidance on Impact of AI in Employment Decisions

On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) issued a technical assistance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964.”   

This document focuses on employment practices that may have a disparate impact on the basis of race, color, religion, sex, or national origin, and potentially in violation of Title VII. The information it offers is nonbinding and is intended only to provide clarity regarding existing requirements under the law.

The document provides definitions of key terms regarding automated systems and AI including:

The document also provides a Q&A on the following:

For the Q&A responses, see the technical assistance document on the EEOC site.