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EEOC Questioned About Authority to Investigate Bias in AI Driven Hiring Technology

 

Earlier this week, ten Democratic Senators sent Equal Employment Opportunity Commission (“EEOC”) Chair Janet Dhillon a letter asking about the EEOC’s authority to investigate bias in artificial intelligence (“AI”) driven hiring technology.

This question over whether AI technology that is used in the hiring process is biased against certain applicants has been an ongoing discussion point for years.  The EEOC is charged with investigating bias in the workplace, per Title VII of the Civil Rights Act of 1964.  In the letter the Senators have sought information to establish what authority the EEOC possesses to investigate the use of AI in the hiring process.  While this letter really just serves as a “fact finding” mission of sorts, it does keep the discussion going in regard to the use of AI in the hiring process and the potential bias (intentional or unintentional) that can arise.

This is one to keep an eye on going forward.

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