The U.S. Equal Employment Opportunity Commission (EEOC) – a United States government agency that enforces federal laws prohibiting employment discrimination – has published a notice in the Federal Register for its “Draft Strategic Enforcement Plan (SEP) for 2023-2027” that focuses on the increasing use of artificial intelligence (AI) by employers in hiring decisions.
Published on January 10, 2023, the EEOC’s Draft SEP for 2023-2027 will combat employment discrimination and promote inclusive workplaces by, among other changes, recognizing the “increasing use of automated systems, including artificial intelligence or machine learning, to target job advertisements, recruit applicants, and make or assist in hiring decisions.”
The EEOC will focus on recruitment and hiring practices and policies that discriminate against workers that include “the use of automated systems, including artificial intelligence or machine learning, to target job advertisements, recruit applicants, or make or assist in hiring decisions where such systems intentionally exclude or adversely impact protected groups.”
To protect racial, ethnic, and religious groups, older workers, women, LGBTQI+ individuals, and disabled people, the EEOC will focus on “screening tools or requirements that disproportionately impact workers based on their protected status, including those facilitated by artificial intelligence or other automated systems, pre-employment tests, and background checks.”
The EEOC will also focus on technology that contributes to discrimination such as “software that incorporates algorithmic decision-making or machine learning, including artificial intelligence; use of automated recruitment, selection, or production and performance management tools; or other existing or emerging technological tools used in employment decisions.”
The purpose of the EEOC’s SEP is to focus and coordinate the agency’s work over a multiple fiscal year (FY) period to have a sustained impact in advancing equal employment opportunity. The EEOC is seeking public comments on its Draft SEP for 2023-2027 as part of its strategic planning process. Comments from the public must be received by February 9, 2023.
In addition, the EEOC will hold a hearing about “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier” on January 31, 2023, at 10:00 a.m. Eastern Time at the EEOC Headquarters in Washington, DC. The hearing is open to the public and will also be held as a live-streamed videoconference. To register, click here.
Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers criminal background checks that comply with EEOC guidance on the use of criminal records by employers. To learn more, contact ClearStar.
© 2023 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, the Equal Employment Opportunity Commission (EEOC), the Fair Credit Reporting Act (FCRA), HR technology, identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
