United States of America: Adopted EEOC Guidelines in assessing adverse impact in software, algorithms, and artificial intelligence used in employment selection procedures

On 18 May 2023, the United States (US) Equal Employment Opportunity Commission (EEOC) Guidelines in assessing adverse impact in software, algorithms, and artificial intelligence used in employment selection procedures. The Guidelines are part of the EEOC artificial intelligence and algorithmic fairness initiative. The Guidelines are addressed to employers and provide information regarding their liability in the context of the use of AI systems for candidates' selection and employment. The EEOC notes that employers are responsible for regularly examining the effects of their algorithmic decision-making tools and their impact on different groups and cannot rely on a provider's representations in this regard. Upon the recording of adverse effects, the employers are required to adjust the system to comply with Title VII, which prohibits discrimination regarding race, color, religion, sex, including pregnancy, sexual orientation, gender identity, or national origin.