EEOC Has Entered the [AI] Chat

The U.S. Equal Employment Opportunity Commission (EEOC) has officially joined the conversation about employers’ use of artificial intelligence (AI). The EEOC published two guidance documents in support of its Artificial Intelligence and Algorithmic Fairness Initiative. In one guidance, the EEOC explained how employers can run afoul of the ADA by using computer-based tools when making decisions about hiring, monitoring, compensation, and/or terms and conditions of employment. In its other guidance, the EEOC warned of possible adverse impacts arising from the use of AI in employment.