DOL: AI and Inclusive Hiring Framework

The U.S. Department of Labor today announced the publication of the AI & Inclusive Hiring Framework, a new tool designed to support the inclusive use of artificial intelligence in employers’ hiring technology and increase benefits to disabled job seekers. 

Published by the Partnership on Employment & Accessible Technology, the framework will help employers reduce the risks of creating unintentional forms of discrimination and barriers to accessibility as they implement AI hiring technology. Funded by the department’s Office of Disability Employment Policy, the initiative will also help workers and job seekers navigate the potential benefits and challenges they may face when encountering AI-enabled technologies.

Read the full press release
US Department of Labor announces framework to help employers promote inclusive hiring as AI-powered recruitment tools’ use grows
DOL | Sep 2024

AI & Inclusive Hiring Framework
PEAT Works (In collaboration with DOL’s Office of Disability Employment Policy)

Articles

The AI Framework consists of ten focus areas: (1) identify legal requirements; (2) establish staff roles; (3) inventory technology; (4) work with vendors; (5) assess impacts; (6) provide accommodations; (7) use explainable AI; (8) ensure human oversight; (9) manage incidents; and (10) monitor regularly. Although these focus areas appear different from prior DOL and other agency guidance or initiatives with respect to AI, the focus areas largely echo the AI Principles and President Biden’s AI Executive Order. For instance, all three urge implementation of AI with human oversight and in an ethical, transparent manner that employees and applicants can understand. Additionally, all three center on employee rights. These similarities serve to underscore two points. First, the federal government encourages the use of AI for workers’ benefit. Second, federal agencies are not providing clear guidance or rules relating to employers’ implementation of AI systems.
DOL Issues “AI & Inclusive Hiring Framework” Through Non-Governmental Organization
Littler | Sep 2024

Employers should regularly assess their AI use and the impact of AI systems in the workplace, not only for employees, but also applicants. Agencies are expected to issue more AI-focused guidance and publications going forward. To date, these publications primarily emphasize avoidance of disability discrimination. Until Congress enacts new legislation, federal agencies seem to be utilizing existing laws and applying them to AI systems. Although the AI Framework may seem like the repetition of information provided by other agencies and prior guidance, it is critical that employers and their counsel pay close attention to current and developing legal authority concerning AI.
DOL Issues "AI & Inclusive Hiring Framework" Through Non-Governmental Organization
Modaq | Sep 2024

The guidance specifically encourages employers to pace themselves and take time to implement the roadmap – there is no need to roll out all the changes at once, but instead employers should consider it a progressive effort evolving over time. You can also skip around and not plow through the list in numerical order. The guidance advises you to focus on your organization when implementing the recommendations, considering which steps might be of best use to your business at the present time and starting with the steps that are easiest to implement.
Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination
Fisher Phillips | Sep 2024

Related SHRM Express Request

Executive Order on Artificial Intelligence

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