Mon. Jan 17th, 2022

Continuing its efforts towards becoming a 21st century data analytics agency, during the last week of October, 2021, U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows announced a new EEOC initiative on artificial intelligence and algorithmic fairness.
This new initiative is aimed at ensuring that artificial intelligence and other emerging tools and technologies used by employers in hiring and in a multitude of other employment related decisions comply with federal civil rights laws.
By closely examining how these developing technologies are developed and utilized by employers, this initiative may lead to agency guidance for applicants, employees, employers, as well as technology developers and vendors alike in furtherance of the principles of fairness, consistency with federal equal employment opportunity laws and regulations, as well as the prevention and elimination of biases arising from the use of algorithms and artificial intelligence.
Specifically, with this new initiative the EEOC anticipates:
Creating a new internal working group responsible for coordinating the agency’s work on the initiative;
Gathering information regarding the development, adaptation, and impact of these technologies;
Conducting a series of informational listening sessions with key stakeholders about these emerging technologies and their actual/potential implications on matters of employment;
Identify practices and methodologies that seem likely to satisfy the EEOC’s objectives and the requirements of federal employment laws within its enforcement jurisdiction; and ultimately,
Provide technical assistance and guidance on using algorithms and artificial intelligence.
About this Author
Todd R. Dobry is an Associate in the Jacksonville, Florida, office of Jackson Lewis P.C. Mr. Dobry serves as both a counselor and litigator, working closely with employers to achieve their business and legal objectives.
Mr. Dobry regularly provides employers with legal advice in all areas of employment law, including litigation and preventative counseling. As a litigator, he has successfully represented clients throughout all stages of state and federal litigation, arbitration, and in state and federal administrative proceedings including defense of class…
Eric J. Felsberg is a Principal in the Long Island, New York, office of Jackson Lewis P.C. He provides training and daily counsel to employers in various industries on day-to-day employment issues and all aspects of federal, state, and local affirmative action compliance.
Mr. Felsberg is a practice resource on the Office of Federal Contract Compliance Programs’ (OFCCP) Internet Applicant Final Rule and Compensation Guidelines. Furthermore, Mr. Felsberg works closely with firm clients to prepare affirmative action plans for…

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