February 2023
The Equal Employment Opportunity Commission (EEOC) has published a draft Strategic Enforcement Plan for 2023-2027, which focuses on the use of algorithms and artificial intelligence (AI) in hiring and how they may lead to employment discrimination. The EEOC recently held a public hearing which explored the implications of AI in employment decisions for US employees and job candidates. Key takeaways from the hearing included concerns with the four-fifths rule as a metric for determining adverse impact, the importance of auditing to mitigate potential biases, and the need to update the scope of Title VII liability to align with technological advancements. Employers and vendors should be aware of and manage risks associated with the use of AI for employee recruitment and selection in light of inevitable enforcement actions.