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ADA and the Use of Artificial Intelligence

AI and ADA

1.5 minute read

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have issued new guidance 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).

Algorithmic decision-making tools that may be used to hire, monitor performance, score tests, determine pay, etc. may discriminate against people with disabilities.

The EEOC’s new guidance highlighted how such tools may violate the ADA, such as:

  • The software screens out a disabled individual, even though they could perform the job with reasonable accommodation;
  • The software makes disability-related inquiries or includes medical examinations; and
  • The employer doesn’t provide a reasonable accommodation needed for a disabled individual to be rated fairly and accurately by the software

The EEOC guidance also includes best practices on how to avoid these types of violations.

The DOJ’s new guidance discusses that employers must consider various disabilities when designing or choosing their software and explains when an employer must provide a reasonable accommodation using software tools.

Employers should review this guidance and review their employment technology and processes to ensure that they are not violating the ADA.

Download the bulletin for more details.

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National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.

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Nicole Miller

Nicole Miller

When it comes to employee benefits, Nicole Miller is a good person to have on your side. She’s worked in the insurance industry since 2004 and has experience working on both the insurance carrier/agency side. Her customers find her to be dependable, detail-oriented, and highly skilled at simplifying the complex. As Account Manager for National Insurance Services, Nicole works with Michigan schools, cities, and counties on their employee benefits, benefit communication, and wellness plans. She helps employees and employers answer policy-related questions, resolve employee claim issues with carriers, and assists with employee or insurance committee meetings. Nicole is a licensed insurance agent.