The administration of US President Joe Biden said that the use of artificial intelligence algorithms to make hiring decisions could violate the Americans with Disabilities Act (ADA). NBC writes about it.
According to Assistant Attorney General for Civil Rights at the Justice Department Kristen Clark, “there is no doubt” that the increased use of technology “fuels discrimination.”
“We are ready to stand up for people with disabilities who cannot enter the labor market because they [работодатели] increasingly relying on these biased technologies,” she said.
The administration is concerned that such tools could weed out people with disabilities who can do the job. According to Clarke, play personality tests do not account for minor deviations. Speech and body language tracking software can distinguish subtle physical imperfections, she says.
“Essentially accelerating the process of discriminating against people who might otherwise be fully qualified for fillable positions,” Clark said.
Equal Employment Opportunity Committee Chair Charlotte Burroughs echoed the statement, urging employers to pay attention to the specifics of such programs. She noted that even unintentional bias is illegal.
“We’re not trying to stifle innovation here, but we also want to make it absolutely clear that civil rights laws are still in place,” Burroughs said.
Simultaneously with the general statement, the committee released a 14-page document explaining how the use of algorithms and artificial intelligence can break the law. The guide provides practical advice to employers on complying with the ADA, as well as job seekers and employees whose rights may have been violated.
Recall that in November 2021, the New York City Council banned the use of hiring systems with artificial intelligence that did not pass the test for discrimination.
In September, California authorities settled labor productivity algorithms.
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