Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools – JD Supra
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on any protected class (including disability and age) and should have plans to provide reasonable accommodations during the recruitment and hiring process. On May 12, 2022, the Equal Employment Opportunity Commission and Justice Department issued guidance for the first time regarding the use of algorithms and artificial intelligence in employment-related decision making and the ways such tools may violate disability discrimination laws. The guidance clarifies that employers are responsible for ensuring that their hiring technologies including any artificial intelligence used comply fully with disability discrimination laws, even if the technology is administered by a third party, and that employers provide reasonable accommodation as needed. The guidance further provides that regardless of intent, if the artificial intelligence tool has the effect of screening out applicants with disabilities or adversely affecting individuals with disabilities, the employer may be violating disability discrimination laws. The guidance directs employers to be critical of artificial intelligence hiring tools that they use and recommends asking vendors a number of questions and only develop and select tools that measure abilities and qualifications that are truly necessary for the job even for people who are entitled to an on-the-job reasonable accommodation. https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence.
In addition, for the first time, the EEOC this month sued an employer related to its use of artificial intelligence hiring tools. Specifically, the EEOC sued three integrated companies providing English-language tutoring services under the iTutorGroup brand name for age discrimination for allegedly programming their online recruitment software to automatically reject older applicants because of their age. According to the EEOCs press release regarding the lawsuit: [The companies] hire thousands of tutors based in the United States each year to provide online tutoring from their homes or other remote locations. According to the EEOCs lawsuit, in 2020, [the companies] programmed their tutor application software to automatically reject female applicants age 55 or older and male applicants age 60 or older. [The companies] rejected more than 200 qualified applicants based in the United States because of their age.
Accordingly, employers need to examine their artificial intelligence recruitment and hiring tools now to ensure the algorithms in the tools do not unfairly screen out individuals based on their membership in a protected class.
See the original post:
Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools - JD Supra
- The Pentagon is using artificial intelligence right now. Heres how. - Breaking Defense - October 23rd, 2025 [October 23rd, 2025]
- Artificial intelligence used to make Kingston school threat - WJRT ABC12 - October 23rd, 2025 [October 23rd, 2025]
- On Artificial Intelligence and Network Effects - PYMNTS.com - October 23rd, 2025 [October 23rd, 2025]
- India takes the first shot at regulating artificial intelligence - Mint - October 23rd, 2025 [October 23rd, 2025]
- Tech Experts See Artificial Intelligence as a Key Resource Ahead of Local Elections - The Harvard Crimson - October 23rd, 2025 [October 23rd, 2025]
- Committee Advances Bipartisan Measure to Study the Impact of Artificial Intelligence on Pennsylvanias Workforce - Pennsylvania Senate Republicans - October 23rd, 2025 [October 23rd, 2025]
- How to look for the best legal software with artificial intelligence (AI) - Thomson Reuters Legal Solutions - October 23rd, 2025 [October 23rd, 2025]
- Gardner Edgerton school board candidates on the issues: Artificial intelligence - Johnson County Post - October 23rd, 2025 [October 23rd, 2025]
- When misunderstanding meets artificial intelligence: the critical role of trust in humanAI and humanhuman team communication and performance -... - October 23rd, 2025 [October 23rd, 2025]
- Wanted: sensors and artificial intelligence (AI) for quick autonomous control of severe bleeding - Military Aerospace - October 23rd, 2025 [October 23rd, 2025]
- AI Slop: What the Next Wave of Artificial Intelligence Means for Business Owners - Times Square Chronicles - October 23rd, 2025 [October 23rd, 2025]
- Spring Hill school board candidates on the issues: Artificial intelligence - Johnson County Post - October 23rd, 2025 [October 23rd, 2025]
- JCCC board candidates on the issues: Artificial intelligence - Johnson County Post - October 23rd, 2025 [October 23rd, 2025]
- Generative artificial intelligence models outperform students on divergent and convergent thinking assessments - Nature - October 23rd, 2025 [October 23rd, 2025]
- The scale of artificial intelligence literacy for all (SAIL4ALL): assessing knowledge of artificial intelligence in all adult populations - Nature - October 23rd, 2025 [October 23rd, 2025]
- Artificial Intelligence is in Danger of Outpacing Human Control - eaglenews.org - October 23rd, 2025 [October 23rd, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Could Be the Next Trillion-Dollar Giant - Yahoo Finance - October 23rd, 2025 [October 23rd, 2025]
- Is Artificial Intelligence What Finally Dethrones Google? - 24/7 Wall St. - October 23rd, 2025 [October 23rd, 2025]
- What The Tech: How cyber criminals are tricking artificial intelligence - WAKA 8 - October 23rd, 2025 [October 23rd, 2025]
- GE HealthCares chief AI officer offers tips and advice for working with artificial intelligence - Medical Design & Outsourcing - October 23rd, 2025 [October 23rd, 2025]
- Connecticut's Preparation for Artificial Intelligence Ranks #11 Among States - Connecticut by the Numbers - October 23rd, 2025 [October 23rd, 2025]
- Modernizing Colorectal Cancer Care With Artificial Intelligence: Real-Time Detection, Radiomics, and Digital Pathology - Cureus - October 23rd, 2025 [October 23rd, 2025]
- Artificial Intelligence and Equity: This Entrepreneur Wants to Build AI for Everyone - CNET - October 23rd, 2025 [October 23rd, 2025]
- Human artificial intelligence campus focused on wellbeing under construction in Germany - Global Construction Review - October 23rd, 2025 [October 23rd, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Could Be the Next Trillion-Dollar Giant - The Motley Fool - October 23rd, 2025 [October 23rd, 2025]
- 2 Trillion-Dollar Artificial Intelligence (AI) Stocks to Buy Before They Soar in 2026, According to Wall Street - Yahoo Finance - October 23rd, 2025 [October 23rd, 2025]
- 3 Artificial Intelligence Stocks to Buy and Hold with a $3,000 Budget - TECHi - October 23rd, 2025 [October 23rd, 2025]
- 2 No-Brainer Artificial Intelligence (AI) Stocks to Buy for 2026 With $5,000 Right Now - The Motley Fool - October 23rd, 2025 [October 23rd, 2025]
- Opinion | Artificial Intelligence, Armageddon and the Antichrist - The Wall Street Journal - October 21st, 2025 [October 21st, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Could Be the Next $2 Trillion Giant - Yahoo Finance - October 21st, 2025 [October 21st, 2025]
- Truth in a World of Artificial Intelligence - The Presidential Prayer Team - October 21st, 2025 [October 21st, 2025]
- Artificial intelligence supercharges science on the Antarctic seafloor - Phys.org - October 21st, 2025 [October 21st, 2025]
- Ambient Artificial Intelligence Scribe Linked to Reduction in Burnout - Dermatology Advisor - October 21st, 2025 [October 21st, 2025]
- Fake apps become harder to spot with artificial intelligence FOX 4 Kansas City WDAF-TV | News, Weather, Sports - FOX4KC.com - October 21st, 2025 [October 21st, 2025]
- Artificial intelligence coupled to pharmacometrics modelling to tailor malaria and tuberculosis treatment in Africa - Nature - October 21st, 2025 [October 21st, 2025]
- Sage's Anneke Cannon on Effective Artificial Intelligence Business Practices - Pest Control Technology - October 21st, 2025 [October 21st, 2025]
- Profit With a Pivot In the Artificial Intelligence Value Chain - RealClearMarkets - October 21st, 2025 [October 21st, 2025]
- Artificial Intelligence (AI) in Cybersecurity Market Projected to Reach USD 234.3 Billion by 2032 - openPR.com - October 21st, 2025 [October 21st, 2025]
- Report No.253: Tending to the Digital Commons: Examining the Potential of Artificial Intelligence to Detect and Respond to Toxic Speech - Toda Peace... - October 21st, 2025 [October 21st, 2025]
- F1S NEW ENGINE: ARTIFICIAL INTELLIGENCE Formula Ones next great rivalry isnt between drivers - its between algorithms. Every car now carries 300... - October 21st, 2025 [October 21st, 2025]
- European Political Monthly: Where do Europeans stand on artificial intelligence? - YouGov UK - October 21st, 2025 [October 21st, 2025]
- Artificial intelligence: key updates and developments (13 October 20 October) - Lexology - October 21st, 2025 [October 21st, 2025]
- This Vanguard Index Fund Is a Once-in-a-Decade Buying Opportunity for the Artificial Intelligence (AI) Boom - Yahoo Finance - October 21st, 2025 [October 21st, 2025]
- Using artificial intelligence in agriculture starts with the right data - The Western Producer - October 21st, 2025 [October 21st, 2025]
- This Vanguard Index Fund Is a Once-in-a-Decade Buying Opportunity for the Artificial Intelligence (AI) Boom - The Motley Fool - October 21st, 2025 [October 21st, 2025]
- The Newest Artificial Intelligence Stock Has Arrived -- and It Claims to Make Chips That Are 20x Faster Than Nvidia - Yahoo Finance - October 19th, 2025 [October 19th, 2025]
- The Newest Artificial Intelligence Stock Has Arrived -- and It Claims to Make Chips That Are 20x Faster Than Nvidia - The Motley Fool - October 19th, 2025 [October 19th, 2025]
- Opinion | Artificial Intelligence, Armageddon and the Antichrist - wsj.com - October 19th, 2025 [October 19th, 2025]
- In the News: Manjeet Rege on Artificial Intelligence Helping Job Seekers - Newsroom | University of St. Thomas - October 19th, 2025 [October 19th, 2025]
- Prediction: This Artificial Intelligence (AI) Stock Could Be the Next $2 Trillion Giant - The Globe and Mail - October 19th, 2025 [October 19th, 2025]
- Artificial Intelligence Market by Type and Application Set for 17.5% CAGR Growth Through 2033 - openPR.com - October 19th, 2025 [October 19th, 2025]
- The Risks of Artificial Intelligence When Protection Becomes Everyones Responsibility - Countercurrents - October 19th, 2025 [October 19th, 2025]
- Artificial Intelligence project to aid Chesapeake Bay oyster farmers - Yahoo - October 19th, 2025 [October 19th, 2025]
- They are now studying human rights, ecology, child protection, and artificial intelligence - osservatoreromano.va - October 19th, 2025 [October 19th, 2025]
- Artificial Intelligence Voice Market by Type and Application: - openPR.com - October 19th, 2025 [October 19th, 2025]
- Artificial Intelligence News for the Week of October 17; Updates from Anthropic, NetApp, Oracle & More - solutionsreview.com - October 19th, 2025 [October 19th, 2025]
- 1 Beaten-Down Artificial Intelligence (AI) Stock That Is Getting Ready for Explosive Growth - The Motley Fool - October 19th, 2025 [October 19th, 2025]
- Forbes hires Anna Tong to cover artificial intelligence - Editor and Publisher - October 19th, 2025 [October 19th, 2025]
- 2 Top Artificial Intelligence Stocks to Buy in October - The Motley Fool - October 19th, 2025 [October 19th, 2025]
- Billionaire Ken Griffin Just Increased His Position in This Artificial Intelligence (AI) Stock by Over 1,600% (Hint: It's Not Nvidia) - The Motley... - October 19th, 2025 [October 19th, 2025]
- Egypts Film Industry Grapples with the Promise and Peril of Artificial Intelligence - iAfrica.com - October 19th, 2025 [October 19th, 2025]
- Cardinal in Cape Verde Urges wisdom of the heart to Guide Ethical Use of Artificial Intelligence - aciafrica.org - October 19th, 2025 [October 19th, 2025]
- Artificial Intelligence Is Draining Water Resources... - jordannews.jo - October 19th, 2025 [October 19th, 2025]
- Law, order and artificial intelligence in the courtroom - The Keene Sentinel - October 19th, 2025 [October 19th, 2025]
- Artificial intelligence threatening to push young people out of entry-level jobs - CityNews Toronto - October 19th, 2025 [October 19th, 2025]
- Artificial intelligence threatening to push young people out of entry-level jobs - The Spec - October 19th, 2025 [October 19th, 2025]
- How is artificial intelligence reshaping the hotel distribution landscape? - Hospitality ON - October 19th, 2025 [October 19th, 2025]
- Artificial intelligence is revolutionizing the app marketheres how - UK News in Pictures - October 19th, 2025 [October 19th, 2025]
- Artificial intelligence predicts who will win the Ballon d'Or in MLS - MARCA - October 19th, 2025 [October 19th, 2025]
- The Next Halo Game Will Heavily Use Generative Artificial Intelligence - eTeknix - October 19th, 2025 [October 19th, 2025]
- Meet the Monster Artificial Intelligence (AI) Stock That's Crushing Both Nvidia and Palantir - The Motley Fool - October 17th, 2025 [October 17th, 2025]
- Can Artificial Intelligence Fix Small-Town Traffic? A Bay Area Town Thinks So - Governing - October 17th, 2025 [October 17th, 2025]
- New Joint Commission Guidance On The Use Of Artificial Intelligence In Healthcare - The National Law Review - October 17th, 2025 [October 17th, 2025]
- New Rowan Lab Is Super-Powered to Advance Manufacturing Through Artificial Intelligence | Newswise - Newswise - October 17th, 2025 [October 17th, 2025]
- 1 Artificial intelligence (AI) Stock to Buy Before the End of 2025 - The Motley Fool - October 17th, 2025 [October 17th, 2025]
- Embracing AI: Understanding and utilizing artificial intelligence in nature - University of Nevada, Reno - October 17th, 2025 [October 17th, 2025]
- AFL-CIO Launches Workers First Initiative on AI to Put American Workers at the Future of Artificial Intelligence - AFL-CIO - October 17th, 2025 [October 17th, 2025]
- "Artificial Intelligence wont replace actual intelligence - The DESK - The leading source of information for bond traders - fi-desk.com - October 17th, 2025 [October 17th, 2025]
- City governments use of artificial intelligence scrutinized at hearing - Metro Philadelphia - October 17th, 2025 [October 17th, 2025]
- Ohio University Chillicothe to host free artificial intelligence workshops - Ohio University - October 17th, 2025 [October 17th, 2025]