EEOC Releases New Resource on Artificial Intelligence and Title VII

Jun 2023

Artificial Intelligence (AI) has infiltrated every industry – including human resources for employment selection procedures in the workforce. As a result, the Equal Employment Opportunity Commission (EEOC) has released a document that it hopes will aid in the prevention of discrimination in AI against workers and those persons seeking employment. The paper, “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964,” accomplishes this goal by explaining how Title VII of the Civil Rights Act (Title VII) should be utilized in systems that are automated. 

Safeguards that incorporate the protections afforded by Title VII need to be included in all automated systems used by employers. It is not enough for an employer to assume that automatic systems are inherently without bias. Instead, they need to be certain that their practices remain in compliance with Title VII and other laws that establish what constitutes discrimination and how to avoid it. The document addresses these concerns as well as other issues that are important to employers and their tech developers, including:

  • Adverse impact, which occurs when a practice or policy seems to be neutral but actually results in discrimination against a group that is protected under Title VII
  • Proper evaluation of automated systems to ensure they are not discriminatory and do not violate Title VII 
  • Responsibility of employers for automated systems that are created by a third party and violate Title VII
  • Importance of employers conducting self-assessments and being proactive in changing systems that are in danger of violating Title VII and other federal anti-discrimination laws

The procedures do not address issues other than those involving the hiring, promotion, and firing of employees and potential employees. Questions about these practices are best addressed by labor and employment lawyers.

Protections Afforded Under Title VII

Title VII states, in pertinent part, that is “an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Title VII is applicable to a number of employment practices, including:

  • Recruitment of Employees
  • Evaluation of Employees
  • Transfer of Employees
  • Review & Monitoring of Employees
  • Hiring of Employees
  • Promotion of Employees 
  • Dismissal of Employees

Speak With a Labor & Employment Lawyer at Delgado & Fernandez, LLC

If you are an employer currently utilizing or considering utilizing AI in your hiring and employment practices, contact our Puerto Rico employment lawyers to learn how we can help ensure you do not run afoul of the protections afforded to employees and potential employees under Title VII. Our employment law attorneys are experienced in providing counseling to employers on a number of labor and employment issues, and we are able to help. We may be reached via our contact page