What US Department of Justice Civil Rights Division - Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring (May 12, 2022) requires
On May 12, 2022 the US Department of Justice Civil Rights Division published a guidance document titled Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, issued jointly with the companion EEOC ADA AI guidance. The DOJ guidance addresses how the Americans with Disabilities Act applies to employer use of automated decision-making and AI tools in hiring and employment, with specific focus on the obligations of employers receiving federal financial assistance under ADA Title II and other federal civil rights statutes. The guidance identifies three principal areas where AI tools may violate the ADA: (1) Failure to provide reasonable accommodation in the administration of AI assessment tools so that applicants with disabilities are rated fairly and accurately; (2) Use of tools that screen out individuals with disabilities who could perform the job with reasonable accommodation; (3) Use of tools that constitute disability-related inquiries or medical examinations in violation of the ADA's pre-employment restrictions. The DOJ guidance reinforces that vendor responsibility does not displace employer ADA liability and recommends practical steps including accommodation processes, vendor diligence, alternative assessment options, and training of staff. The guidance operates with the EEOC ADA AI guidance (May 12, 2022) and was reinforced by the four-agency Joint Statement on AI civil rights enforcement (April 25, 2023).
Pillar: AI Governance & Law · Authority: US Department of Justice Civil Rights Division - Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, May 12 2022 · Version: 1.0.0 · Last updated:
Primary source: https://www.ada.gov/resources/ai-guidance/
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Primary Citations — 8 traced to source
- US Department of Justice Civil Rights Division, Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring (May 12, 2022)
- DOJ ADA AI guidance violation area 1 Failure to accommodate: employers must provide reasonable accommodation in the administration of AI assessment tools so that applicants with disabilities are rated fairly and accurately
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