The Office of Federal Contract Compliance Programs Releases New Guidance on Artificial Intelligence
The Office of Federal Contract Compliance Programs (OFCCP) released an Artificial Intelligence (AI) landing page with new guidance and information about the use of AI in federal contractors’ employment process.
Covered federal contractors are obligated by law to ensure they do not discriminate in employment and that they take affirmative action to ensure employees and applicants are treated without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. These EEO obligations extend to the federal contractor’s use of AI when making employment decisions.
While some federal contractors may use AI systems to increase productivity and efficiency in their employment decision-making, the use of AI systems also has the potential to perpetuate unlawful bias and automate unlawful discrimination, among other harmful outcomes. OFCCP’s guidance seeks to help federal contractors navigate these emerging technologies in employment.
OFCCP’s AI landing page includes these new resources:
Federal Contractor Guide-Artificial Intelligence and Equal Employment Opportunity for Federal Contractors -This new guide answers questions and shares promising practices to clarify federal contractors’ legal obligations, promote equal employment opportunity, and mitigate the potentially harmful impacts of AI in employment decisions.
Joint Statement On Enforcement Of Civil Rights, Fair Competition, Consumer Protection, And Equal Opportunity Laws In Automated Systems - OFCCP signed the joint statement committing to protect the public from unlawful bias in automated systems, including AI.
We pledge to vigorously use our legal authorities to protect workers’ rights. As a part of that commitment, OFCCP recently updated its Combined Scheduling Letter and Itemized Listing to clarify the documentation contractors must provide 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 AI systems are creating barriers to equal employment opportunity.
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