Employer Paying Six Figure Settlement Based on EEOC Claims that AI Software Discriminated Against Older Applicants.
Briefly

Understand how AI software is screening applicants: This case highlights the importance for employers to have a clear understanding of how their AI software is screening applicants. Employers should review and analyze the guidelines and technical assistance available to ensure that their AI algorithms are not discriminating based on protected characteristics such as age, gender, or race.
Stay updated on guidelines and regulations: Employers using AI for recruiting and screening should stay informed about guidelines and regulations relating to AI in the workplace. The EEOC's Technical Assistance Publication on assessing adverse impact in software, algorithms, and AI can serve as a helpful resource. Additionally, employers should keep an eye on proposed legislation, such as AB 331 in California, which aims to regulate the use of automated decision tools and provide the state with authority to prosecute violations.
Monitor proposed regulations regarding AI: Employers should also be alert to proposed regulations regarding AI and automated decision-making systems. The California Civil Rights Council's proposed regulations can provide insight into best practices and compliance requirements for employers using AI in their personnel policies and procedures. Staying informed and proactive can help employers avoid potential discriminatory practices and legal issues related to AI in the workplace.
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