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E.E. Oh No: Possible Scrutiny of AI in Hiring by EEOC

E.E. Oh No - Possible Scrutiny Of AI In Hiring By EEOC - Blog Image

On December 8, 2020, a group of United States senators drafted a letter to the outgoing chair of the Equal Employment Opportunity Commission (“EEOC”). The senators requested information about the EEOC’s authority on hiring technology, specifically the use of artificial intelligence (“AI”) in the hiring process. They are specifically concerned about expedited hiring practices by employers who are now reopening after shutdowns due to COVID-19. 

The senators acknowledge that while AI can be beneficial in reducing individual biases, the technology itself can further cause discrimination against racial minorities. For example, minorities are more likely to face a disparate impact because they are more likely to have criminal records. In this example, while AI in hiring may remove the personal biases of those involved in the hiring decision, the AI itself could deny employment to minorities who are more likely to have criminal records because of their racial minority.

Could this initiative gain traction at the EEOC? Perhaps. However, President Biden has appointed a new EEOC chair, which could impact this request because the incoming chair is Democratic. AccuSource will monitor to see if the EEOC takes up this study and discuss how it could impact your hiring practices. If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at or by phone at (888) 649-6272.

Jennifer Daimon, Esq. | CIPM

Jennifer Daimon, Esq. | CIPM

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