The Equal Employment Opportunity Commission (EEOC) has recently announced a new enforcement plan, taking particular aim at employers’ increasing use of technology, which includes artificial intelligent (AI) and machine learning, in their hiring processes. The Strategic Enforcement Plan will be in effect for 2024 through 2028 and is poised to give context on how employers might navigate their use of such technologies without infringing upon legal boundaries.
Technology plays a significant role in the modern employment landscape, with many corporations relying on AI and machine learning to target job advertisements, recruit applications, and aid in hiring and other employment decisions. The EEOC plans to focus its enforcement and litigation resources on these areas.
While the specific details of the enforcement plan remain to be seen, the overarching aim appears to be to ensure that the use of technology in hiring does not result in inequitable outcomes. Without careful oversight, distinctions learnt from AI algorithms can lead to unintentional discrimination, even when the stated purpose of these tools is to increase efficiency and standardization in the recruitment process.
This enforcement plan is one of several actions undertaken by the EEOC, emphasizing their commitment to tackling discrimination in various aspects of employment. It signifies a clear warning to employers who may be heavily reliant on technology for hiring and other employment decisions. To ensure conformity with EEOC’s guidelines, employers are advised to evaluate their existing recruitment processes and seek legal counsel if needed.