The Office of Federal Contract Compliance Programs Joins Other Federal Agencies in Call for Fairness and Equity in the Use of Artificial Intelligence
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This week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) signed a joint statement committing to protect the public from unlawful bias in automated systems, including artificial intelligence or “AI.”
Automated Systems May Contribute to Unlawful Discrimination and Otherwise Violate Federal Law
Although many of these tools offer the promise of advancement, their use also has the potential to perpetuate unlawful bias, automate unlawful discrimination, and produce other harmful outcomes. At OFCCP we are committed to monitoring the development and use of automated systems. As a civil rights enforcement agency, OFCCP takes its responsibility seriously to ensure that these rapidly evolving automated systems are developed and used in a manner consistent with the agency’s legal authorities: Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistant Act.
OFCCP’s Enforcement Authority Applies to Automated Systems
We pledge to vigorously use our legal authorities to protect workers’ rights. We have an FAQ explaining that the agency will analyze federal contractors’ use of AI-based selection procedures that have an adverse impact the same way it reviews other selection practices. Additionally, we recently updated the compliance review process to require documentation of systems used to recruit, screen, and hire, including the use of AI, algorithms, automated systems or other technology-based selection procedures. This will ensure that we and federal contractors are evaluating whether these tools are creating barriers to equal employment opportunity.
Other agencies signing the joint statement include the Department of Labor’s Civil Rights Center, the Departments of Justice, Education, Health and Human Services, Homeland Security, and Housing and Urban Development; the Consumer Financial Protection Bureau; the Equal Employment Opportunity Commission; and the Federal Trade Commission.
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