The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each recently issued new technical assistance documents about how employers’ use of artificial intelligence (AI) and other software tools to make employment decisions may result in unlawful disability discrimination under the Americans with Disabilities Act (ADA).
EEOC Guidance – The EEOC’s new guidance focuses on the following three ways an employer’s use of software tools for employment decisions may violate the ADA: