EEOC Guidance Addresses Potential Adverse Impact Of AI In Employee Selection Procedures

May 30, 2023

What's New

The use of artificial intelligence (AI) and similar technology in employment selection procedures could have an unlawful adverse impact on protected classes under Title VII, the EEOC said in a technical assistance document released May 30.

The guidance appears designed to remind employers that AI tools are subject to the same rules that apply to other tests or assessments that impact employment selection decisions.

What It Means

The EEOC’s AI guidance addresses how to assess whether an employer’s selection procedures have a disparate impact. It does not address intentional discrimination.

The agency also specifies that the Uniform Guidelines will apply to AI tools—like resume scanners or testing software that provides job fit scores—when they are used to make or inform decisions about applicants or current employees.

What You Should Do

To determine whether the use of an algorithmic decision-making tool has an adverse impact on a protected group, employers can observe whether it causes a selection rate for individuals in the group that is substantially less than the selection rate for individuals in another group.

To avoid violating Title VII, an employer who discovers that the use of an algorithmic decision-making tool would have a disparate impact against a protected group should take steps to reduce the impact or select a different tool.

CWC members can consult with CWC staff through MemberAssist at [email protected].

RELATED CONTENT

Add

Data pager
Data pager
1 2 3 4 5 6 7 8 9 10 ... Page size: 5 10 20 50 Change page size 189 items in 38 pages

Show all 189

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

Dec 13, 2023 – A ruling by a federal appeals court serves as a useful reminder that it may be wise to withhold information about job applicants’ race and gender from recruiters and hiring officials in the early stages of the talent acquisition process.

EEOC Settles With Firm Accused Of Discriminating Against Americans

May 11, 2023 – The EEOC has settled charges with a job search firm accused of job postings that favored foreign nationals, demonstrating that Title VII’s national origin discrimination protection extends to individuals of American national origin.

EEOC Guidance Addresses Potential Adverse Impact Of AI In Employee Selection Procedures

May 30, 2023 – The EEOC has issued new guidance reminding employers that AI tools are subject to the same rules as other selection devices in determining whether there is adverse impact against a protected group.

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

May 30, 2023 – The EEOC has issued new guidance reminding employers that artificial intelligence tools are subject to the same rules as other selection devices in determining whether there is adverse impact against a protected group.

Candidate Interview Do's and Don'ts

Jun 25, 2025 – This resource provides tips for structuring candidate interviews and summarizes questions and topics that should be avoided.

Subscribe to CWC's Updates and Events

CLICK TO SIGN UP

New Tab

Resources

Our library of sources helping you understand and manage your workplace requirements and risks.

Data Center

Metrics and dashboards guiding you to make statistics and research-driven decisions.

Events

Learn and network at events focused on compliance policy, practice, and strategy.

Diversance Connect

Helping members find and connect with thousands of outreach and recruitment sources.