EEOC Technical Assistance — Assessing Adverse Impact in AI Used in Employment Selection
United States · EEOC TA (May 18, 2023)
EEOC guidance applying Title VII disparate-impact analysis to AI hiring tools. Employers are liable for discriminatory outcomes even when the tool is built by a vendor.
Technical detail
Technical assistance document explains how the Uniform Guidelines on Employee Selection Procedures (29 CFR Part 1607) apply to algorithmic decision-making tools. Key holding: an employer using a vendor's AI tool is responsible for Title VII compliance; vendor disclaimers do not shield the employer. Recommends 4/5ths-rule monitoring.
Who is protected: Job applicants and employees from disparate-impact discrimination by AI hiring tools
Who must comply: Employers using AI selection procedures
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | In effect |
| Protection strength | Moderate protection |
| Effective date | 2023-05-18 |
| Enacted | 2023-05-18 |
| Citation | EEOC TA (May 18, 2023) |
| Enforced by | EEOC + private actions |
| Private right of action | Yes — individuals can sue |
| Penalties | Title VII remedies (back pay, reinstatement, damages, fees) |
| Topics | AI hiring and employment · automated decision-making |
| Last verified | 2026-06-16 |
| Official source | EEOC Technical Assistance: Assessing Adverse Impact in Software, Algorithms, and AI ↗ |
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