Department of Labor Issues Framework for Artificial Intelligence (AI) and Inclusive Hiring

 

 

 

In September 2024, the U.S. Department of Labor (DOL) – which promotes the welfare of wage earners and job seekers – announced the publication of an AI & Inclusive Hiring Framework to support the inclusive use of Artificial Intelligence (AI) in the hiring technology of employers and increase benefits to disabled job seekers, according to a DOL news release.

 

Published by the Partnership on Employment & Accessible Technology (PEAT), the framework will help employers reduce the risks of creating unintentional forms of discrimination and barriers to accessibility as they implement AI hiring technology. The framework will also help workers and job seekers navigate potential challenges when encountering AI-enabled technologies.

 

“AI tools can improve recruitment and hiring but may also impact workplace culture and inclusion of disabled employees. The AI & Inclusive Hiring Framework published today charts a clear course for employers to navigate this transformation successfully,” Assistant Secretary for Disability Employment Policy Taryn Williams stated in the DOL news release.

 

The framework is based on the National Institute of Standards and Technology (NIST) AI Risk Management Framework and includes NIST’s best practices for inclusive hiring. The framework was developed with input from disability advocates, AI experts, government and industry leaders, and the public at large. The framework has Ten Focus Areas that are listed below.

 

 

1. Focus Area 1: Identify Employment and Accessibility Legal Requirements – In this Focus Area, employers will identify the employment nondiscrimination, accessibility, and privacy laws and regulations that apply to their use of AI hiring technology.
2. Focus Area 2: Establish Roles, Responsibilities, and Training – In this Focus Area, employers will consider the roles and responsibilities their organization needs to maximize the benefits and manage the risks of using AI hiring technology. 
3. Focus Area 3: Inventory and Classify the Technology – In this Focus Area, employers will collect information from vendors about the AI hiring technology they plan to deploy.
4. Focus Area 4: Work With Responsible AI Vendors – In this Focus Area, employers will develop policies and procedures to work with vendors and other third parties. 
5. Focus Area 5: Assess Possible Positive and Negative Impacts – In this Focus Area, employers will foster a strong risk culture, cultivate an inclusive mindset, and develop policies and practices for accountability. 
6. Focus Area 6: Provide Accommodations – In this Focus Area, employers will create a process for job seekers to request accommodations. 
7. Focus Area 7: Use Explainable AI and Provide Notices – In this Focus Area, employers will establish policies and procedures to collect explainable AI statements and other supporting documentation from vendors to understand how the technology works.
8. Focus Area 8: Ensure Effective Human Oversight – In this Focus Area, employers will create effective human oversight policies and procedures with clear roles and responsibilities.
9. Focus Area 9: Manage Incidents and Appeals – In this Focus Area, employers will define and implement policies and procedures related to incidents and appeals.
10. Focus Area 10: Monitor Regularly – In this Focus Area, employers will regularly monitor the performance of their AI hiring technology to help them assess its trustworthiness and evaluate risks related to compliance with nondiscrimination and accessibility legal requirements.

AI & Inclusive Hiring Framework Part of Larger U.S. Government Plan

“Algorithmic discrimination occurs when automated systems contribute to unjustified different treatment or impacts disfavoring people based on their race, color, ethnicity, sex, religion, age, national origin, disability, veteran status, genetic information, or any other classification protected by law,” stated the Blueprint for an AI Bill of Rights.

• Real-Time Compliance: One size does not fit all. Disclosures, notices, and consents are presented to candidates in a fully automated solution as required by local, state, and federal (Fair Credit Reporting Act) laws.
• Dynamic Disclosures: Candidates are presented only with relevant disclosures based on where they live and will be working to minimize confusion.
• Adverse Action Management: ClearStar’s robust adverse action management module minimizes compliance challenges for employers and makes navigating complicated requirements a breeze, even in jurisdictions requiring additional steps.
• Updated as Laws Change: Compliance with local, state, and federal laws is a constantly changing landscape that can be challenging. ClearStar publishes a monthly compliance update and adapts our technology in response to regulatory and legislative changes.
• Strong and Clear Audit Trail: A transparent process is important. Candidates can access a copy of their specific notices, disclosures, and the consent they signed. This also creates a reliable audit trail for employers.
• ClearStar is Global: Our technology supports candidates who have lived or worked outside of the United States.