April 29, 2024

OFCCP Issues Guidance on AI & EEO

Coincidence? On April 29th, the U.S. Department of Labor’s Wage and Hour Division issued a field assistance bulletin on employers’ use of AI and the FLSA, FMLA and other federal employment laws.

On the same day, the OFCCP issued its own Guidance for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems. Examples include and are not limited to:

  • a resume scanner programmed to reject applicants with gaps in their resume may automatically reject applicants who took time off for the birth of a child or for medical treatment for a disability, having an adverse impact on women or individuals with a disability and potentially violating laws enforced by OFCCP;
  • a federal contractor cannot escape liability for the adverse impact of discriminatory screenings conducted by AI purchased from or administered by a third party, such as a staffing agency, HR software provider, or vendor.

The Guidance includes “promising practices” on:

  • Providing Notice that the Federal Contractor is Using AI (5)
  • Federal Contractors’ Use of an AI system (8);
  • Obtaining a Vendor-Created AI System (13)
  • Accessibility and Diversity Inclusion (7).

Click here
for the full Guidance and additional resources.