EEOC Settlement Highlights New Focus on AI in Hiring Decisions

Carolyn Rashby’s perspective on the growing concern of AI-related employment bias was included in an article published by Global Data Review. The article discusses a recent U.S. Equal Employment Opportunity Commission (EEOC) lawsuit over age discrimination stemming from AI-powered employment software.

Carolyn also noted she and other employment lawyers typically see AI challenges regarding an employer using a neutral software that has “disparate impact” such as unintended hiring bias that excludes someone based on their gender, ethnicity, religion, or other protected classes.

“This one [iTutorGroup] was a little different because it involved asking for the birth date and intentional coding and not that disparate impact scenario that we might expect in this situation where we are using AI,” she said.