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10/02/2024
Labor Department Provides Employers a Roadmap to Avoid AI Hiring Discrimination
Source: Fisher Phillips, September 26, 2024
Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider taking if you want to stay compliant. While the September 24 release from the Department of Labor doesn’t carry the force of law, employers that follow these steps will not only put themselves at a competitive advantage when it comes to hiring but will be able to raise a solid defense if ever accused of AI discrimination.
Quick Background
The Partnership on Employment & Accessible Technology (PEAT), funded by the DOL’s Office of Disability Employment Policy, rolled out the AI & Inclusive Hiring Framework website earlier this week. It is the latest concrete step taken by federal officials as directed by the Biden Administration’s 2023 Executive Order that tasked each agency to tackle pressing AI-related issues.
Some Suggestions Before You Dive In
The guidance specifically encourages employers to pace themselves and take time to implement the roadmap – there is no need to roll out all the changes at once, but instead employers should consider it a progressive effort evolving over time. You can also skip around and not plow through the list in numerical order. The guidance advises you to focus on your organization when implementing the recommendations, considering which steps might be of best use to your business at the present time and starting with the steps that are easiest to implement.
10-Step Roadmap
The DOL’s website contains a detailed and comprehensive list of considerations and action items you should take into account when implementing these focus areas. This Insight will provide a general overview of each area of the 10-step roadmap.
1. Identify Legal Requirements
You should first identify the employment nondiscrimination, accessibility, and privacy laws and regulations that apply to your use of artificial intelligence (AI) hiring technology. The Fisher Phillips AI, Data, and Analytics list of insights of resources is a good place to start. Once you have a solid understanding of your obligations, you should align your risk management efforts with the current legal standards at play.
2. Establish Staff Roles
You’ll next consider the roles and responsibilities of workers in your organization relating to AI deployment. You should ensure they have the resources needed to maximize AI’s effectiveness while staying legally compliant. Training is the best place to start. Give training to your team members to ensure they understand the proper guardrails and what tools they have available to them. Your organizational leadership also must be fully engaged, invested, and ready to take responsibility for the overall direction you take AI. This builds an inherent sense of accountability within your organization. The guidance recommends you involve a diverse and interdisciplinary team of workers while developing your plans.
