Federal anti-discrimination statutes remain technology-neutral: the same Title VII, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA) frameworks that applied to paper-and-pencil selection tests also apply to algorithmic tools. AI has also become engrained in many employers' onboarding, scheduling, timekeeping, performance evaluation, discipline, accommodations, and separation processes.
AI has also become engrained in many employers' onboarding, scheduling, timekeeping, performance evaluation, discipline, accommodations, and separation processes.
At the same time, a growing number of state and local AI laws are adding obligations that go well beyond this federal baseline and employers must remain aware of their new obligations.
No federal statute gives an employer a pass on discrimination liability simply because a vendor, rather than a manager, made or influenced the challenged decision.
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AI has also become engrained in many employers' onboarding, scheduling, timekeeping, performance evaluation, discipline, accommodations, and separation processes. At the same time, a growing number of state and local AI laws are adding obligations that go well beyond this federal baseline and employers must remain aware of their new obligations. No federal statute gives an employer a pass on discrimination liability simply because a vendor, rather than a manager, made or influenced the challenged decision.
The ADA prohibits using standards, criteria, or methods of administration that discriminate on the basis of disability, as well as selection criteria that screen out individuals with disabilities unless they are job-related and consistent with business necessity.
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