In what might be the first case of its kind, a federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) against iTutorGroup Inc. and its affiliates (“iTutor”), regarding alleged age discrimination carried out by their recruitment software’s automated systems. The decree, which was approved on September 8, 2023, arrives shortly after the EEOC’s announcement of their artificial intelligence (AI) guidance initiative – a development that has sparked discussions around what could be the agency’s first ever AI-based anti-discrimination settlement.
While the specifics of the case are undisclosed due to confidentiality reasons, it’s evident from the proceedings that AI plays an integral part in the litigation and eventual decision. As legal professionals, we are aware that automated systems, specifically in recruitment processes, are designed to streamline the hiring process. These systems, however, when left unchecked, can unknowingly promote biases and discrimination, in this case, based on age.
iTutor’s case with EEOC puts corporations, legal teams, and AI developers on notice regarding discriminatory practices in AI-powered recruitment software. This case sets a precedent, signaling the EEOC’s willingness to actively pursue instances of discriminatory AI, thereby encouraging stricter oversight of AI use in the recruitment process.
As legal professionals, it’s crucial to stay updated as laws surrounding the use of AI in business processes evolve. Practices and protocols relating to AI usage in recruitment, for instance, will need to be examined and potentially redesigned in light of iTutor’s case.
Furthermore, the EEOC recently announced an AI guidance initiative aimed at eliminating bias in AI systems. As part of this initiative, companies using AI in their hiring process have been encouraged to share their experiences and provide recommendations for creating a bias-free AI. This initiative offers a valuable platform for a productive dialogue around AI, bias, and how to build a more equitable recruitment process.
To view the case details, you can visit JDSupra.