Employers Warned That Careless Use Of AI Candidate Evaluation Software Breaches ADA – Forbes

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Diversity, Equity & Inclusion

Employers Warned That Careless Use Of AI Candidate Evaluation Software Breaches ADA

Gus Alexiou
Contributor
Opinions expressed by Forbes Contributors are their own.

I write about accessibility, inclusion and social justice.

May 16, 2022,07:00am EDT|

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Human resource manager choosing the professional profile to hire on a virtual screen interface, … [+] concept about recruitment

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Guidance issued last week by the Equal Opportunity Employment Commission (EEOC) and the U.S. Department of Justice (DOJ) warns employers that they could be breaching the Americans with Disabilities Act (ADA) if they use AI-based software designed to shortlist candidates that fails to create an equitable experience for job seekers with disabilities.

Crucially, employers are reminded that, even if they elect to deploy software using algorithms wholly designed by specialist third-party providers, they themselves could be acting unlawfully should the platform disadvantage candidates with disabilities.

This can occur as a result of the software itself being inaccessible, or discriminatory in how traits are evaluated and scored. In such cases, if the employer fails to recognize this and act by providing “reasonable accommodations” – they could be breaking the law.

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