OFCCP publishes guidance on the use of AI in employment | JD Supra

The 30th of Aprilth2024, Office of Federal Contract Compliance Programs (OFCCP) announced that that has published a new one landing page focused on the use of artificial intelligence by federal contractors. this landing page contains the followingems:

• guide on Artificial Intelligence and Equal Employment Opportunity for Federal Contractors
• Joint Statement on the application of civil rights, fair competition, consumer protection and equal opportunity laws in automated systems

AI and EEO Guidance for Federal Contractors

One of the elements inThis new landing page includes a guide on Artificial Intelligence and Equal Employment Opportunity (EEO) for federal contractors. This comprehensive guide includes several sections, including Common Questions about Using AI and EEO. This section defines common terms, such as “AI,” “algorithm,” and “automated systems,” and further explains the applicability of current EEO law to the use of artificial intelligence. In addition, this guide contains a section on practices that federal contractors should consider implementing, including notices on the use of AI, the design and implementation of AI systems, the use of vendor-created AI systems, and disability accessibility and inclusion.

The definitions provided by the OFCCP in the Frequently Asked Questions section include the following language:

1. What is Artificial Intelligence or AI?

As set forth in 15 USC § 9401(3), AI is a machine-based system that can, for a given set of human-defined goals, make predictions, recommendations, or decisions that influence real or virtual environments. AI systems use machine- and human-based inputs to perceive real and virtual environments; abstract such insights into models through analysis in an automated manner; and use model inference to formulate options for information or action.

2. What is an algorithm?

Generally, an “algorithm” is a set of instructions that a computer can follow to achieve some goal. Human resources (HR) software and applications use algorithms to enable employers to process data to evaluate, rate and make other decisions about candidates and employees. Software or applications that include algorithmic decision-making tools are used at various stages of employment, including hiring, performance evaluation, promotion, and termination.

3. What are “automated systems” and AI in the work context?

In the workplace context, the term “automated systems” broadly describes software and algorithmic processes, including AI, that are used to automate workflows and help people complete tasks or make decisions. O White House Plan for an AI Bill of Rights includes examples of automated systems “such as workplace algorithms that inform all aspects of employment terms and conditions, including but not limited to compensation or promotion, hiring or termination algorithms, virtual or augmented reality training programs, and monitoring workplace electronics.” For example, an automated system can help a federal contractor’s HR professional screen hundreds or thousands of resumes, identifying candidates who meet the basic requirements for a job it could use artificial intelligence to determine what criteria to use when making employment decisions, for example, in the example above, to define the parameters by which resumes are filtered and reviewed.

New technologies are subject to current regulations

As with their obligations with other employment processes, federal contractors must ensure that their use of AI does not discriminate in decision-making processes and that employees and applicants are treated without regard to your race, color, religion, sex, sexual orientation or gender. identity, national origin, disability or protected veteran status. Despite AI’s capabilities to efficiently make decisions in job selection, there is the potential for AI to perpetuate bias, discriminate against protected groups, and act as a barrier to equal employment opportunity.

DCI will continue to evaluate these new resources and provide an in-depth analysis in the coming days.