EEOC AI Title VII Guidance

EEOC Technical Assistance — Assessing Adverse Impact in AI Used in Employment Selection
United States · EEOC TA (May 18, 2023)

Status
In effect
Took effect
May 18, 2023
Applies to
Employers using AI selection procedures
Enforced by
EEOC + private actions

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.

Who is protected: Job applicants and employees from disparate-impact discrimination by AI hiring tools

Legal 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.

Key facts

JurisdictionUnited States
LevelFederal
StrengthModerate
EnactedMay 18, 2023
CitationEEOC TA (May 18, 2023)
Private right of actionYes, individuals can sue
PenaltiesTitle VII remedies (back pay, reinstatement, damages, fees)
TopicsAI hiring and employment · automated decision-making
Agency pageEEOC Technical Assistance: Assessing Adverse Impact in Software, Algorithms, and AI

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