The Biden administration and US Department of Justice have warned employers using AI software for recruitment purposes to take extra steps to support disabled job applicants or they risk violating the Americans with Disabilities Act (ADA).
Under the ADA, employers must provide adequate accommodations to all qualified disabled job seekers so they can fairly take part in the application process.
But the increasing rollout of machine learning algorithms by companies in their hiring processes opens new possibilities that can disadvantage candidates with disabilities.
"New technologies should not become new ways to discriminate. If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it," said EEOC chair Charlotte Burrows.
Companies using automated natural language processing-powered tools to screen resumes, for example, may reject candidates that have gaps in their employment history. Disabled folks may have had to take time off from work for health reasons, and hence they risk being automatically turned down early on in the hiring process despite being well qualified.
There are other ways that AI can discriminate against those with disabilities. Computer vision software analyzing a candidate's gaze, facial expressions, or tone is not appropriate for those who have speech impediments, are blind, or paralyzed.
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