OFCCP AI Selection Guidance
DOL OFCCP — Federal Contractor Guidance on AI in Selection Procedures
United States · OFCCP AI EEO Guidance (Apr. 29, 2024)
- Status
- In effect
- Took effect
- April 29, 2024
- Applies to
- Federal contractors and subcontractors covered by EO 11246, Section 503 of the Rehabilitation Act, and VEVRAA
- Enforced by
- Department of Labor Office of Federal Contract Compliance Programs
Federal contractors using AI in hiring must comply with OFCCP nondiscrimination requirements: vendor due diligence, recordkeeping, validation under the Uniform Guidelines on Employee Selection Procedures, and accommodations for applicants with disabilities. OFCCP makes clear contractors cannot outsource liability to AI vendors.
Who is protected: Job applicants and employees of federal contractors subjected to AI hiring tools
Legal detail
OFCCP, 'Artificial Intelligence and Equal Employment Opportunity for Federal Contractors' (Apr. 29, 2024). Reaffirms application of 41 C.F.R. Part 60-3 (Uniform Guidelines on Employee Selection Procedures) and 41 C.F.R. Part 60-1 to AI selection tools; identifies recordkeeping (60-1.12) and validation requirements. Companion guidance under EO 11246, Section 503, VEVRAA.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Strength | Moderate |
| Enacted | April 29, 2024 |
| Citation | OFCCP AI EEO Guidance (Apr. 29, 2024) |
| Private right of action | No, agency enforcement only |
| Penalties | Contract debarment; back pay; required hiring; injunctive relief |
| Topics | AI hiring and employment · automated decision-making · AI disclosure and transparency |
| Agency page | OFCCP — AI and Equal Employment Opportunity for Federal Contractors (Apr. 2024) |
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