![]() ![]() For related content regarding the Americans with Disabilities Act, see The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees. This publication is part of the EEOC’s ongoing effort to help ensure that the use of new technologies complies with federal EEO law by educating employers, employees, and other stakeholders about the application of these laws to the use of software and automated systems in employment decisions. The Equal Employment Opportunity Commission (“EEOC” or “Commission”) enforces and provides leadership and guidance on the federal equal employment opportunity (“EEO”) laws prohibiting discrimination on the basis of race, color, national origin, religion, and sex (including pregnancy, sexual orientation, and gender identity), disability, age (40 or older) and genetic information. The document also does not address Title VII’s prohibitions against intentional discrimination (called “disparate treatment”) or the protections against discrimination afforded by other federal employment discrimination statutes. This document does not address other stages of the Title VII disparate impact analysis, such as whether a tool is a valid measure of important job-related traits or characteristics. As discussed below, this is often referred to as “disparate impact” or “adverse impact” under Title VII. However, the scope of this document is limited to the assessment of whether an employer’s “selection procedures”-the procedures it uses to make employment decisions such as hiring, promotion, and firing-have a disproportionately large negative effect on a basis that is prohibited by Title VII. Title VII applies to all employment practices of covered employers, including recruitment, monitoring, transfer, and evaluation of employees, among others. The Questions and Answers in this document address this and several closely related issues. ![]() Employers may have questions about whether and how to monitor the newer algorithmic decision-making tools. Many employers routinely monitor their more traditional decision-making procedures to determine whether these procedures cause disproportionately large negative effects on the basis of race, color, religion, sex, or national origin under Title VII of the Civil Rights Act of 1964 (“Title VII”). Employers increasingly utilize these tools in an attempt to save time and effort, increase objectivity, optimize employee performance, or decrease bias. Employers now have a wide variety of algorithmic decision-making tools available to assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal, and referral. ![]()
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