Today employers use a wide variety of software that relies on algorithmic decision-making to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment. Although employers may use these tools to save time and effort or decrease bias, they may discriminate against job applicants and employees with disabilities under Title I of the Americans with Disabilities Act (ADA). In May 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a Technical Assistance addressing compliance with the ADA requirements and agency policy when using algorithms and artificial intelligence (AI) and other software to hire and assess employees. Our panel discusses the EEOC’s guidance and addresses the types of algorithmic practices that can show up in the hiring process; how and why these practices impact disabled workers; how employers may violate the ADA; best practices for employers on how to comply with the ADA; and what job applicants and employees who think their rights may have been violated can do.
- E. Pierce Blue, Of Counsel, Morgan, Lewis & Bockius LLP
- Dredeir Roberts, General Counsel, Core States Group
- Ridhi Shetty, Policy Counsel, Privacy & Data Project, Center for Democracy and Technology
- Lydia X.Z. Brown, Policy Counsel, Privacy & Data Project, Center for Democracy and Technology; Special Advisor, Disability Rights Committee; ABA Section of Civil Rights and Social Justice
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