As employees, know your rights against AI hiring bias

The EEOC (Equal Employment Opportunity Commission) lawsuit against AI hiring bias is the EEOC’s first lawsuit that addresses the discriminatory use of AI.

Employees may not even be aware of this new way in which discrimination can occur.

What is AI hiring bias?

AI uses data analysis tools, machine learning and other technology to perform its evaluations. Increasingly, employers are using AI tools to assist in hiring and managing employees. If in doing so, the AI incorporates bias or amplifies bias, the term for this activity is AI bias. Discrimination can take many forms. NYS recognizes the following protected classes in relationship to discrimination:

  • Race
  • Color
  • Creed
  • Sincerely held practice of religion
  • Disability
  • National origin
  • Sexual orientation
  • Gender identity or expression
  • Military status
  • Predisposing genetic characteristics
  • Sex
  • Age
  • Marital status
  • Status as a victim of domestic violence
  • Arrest record or conviction record

What are the details of the EEOC lawsuit against AI hiring bias?

The EEOC brought a case against a tutoring service that taught the English language to students in China. The company, iTutorGroup, hires thousands of U.S. based tutors to provide remote tutoring. However, in doing so, the company programmed their AI application to reject applicants in the following age groups:

  • Females aged 55 or older
  • Males aged 10 or older

Due to their age, the company rejected more than 200 qualified job candidates who were living in the U.S. The conduct violated the Age Discrimination in Employment Act (ADEA). The EEOC tried to reach a settlement with the company through its conciliation process. When unable to do so, the EEOC filed a lawsuit. The lawsuit seeks back pay and liquidated damages on behalf of the applicants. It also seeks injunctive relief to prevent future reoccurrences.

What is the AEDT Audit Rule for New York City?

AEDT stands for automated employment decision tool. It refers to AI (artificial intelligence) tools that employers are using to assist them in evaluating employees or potential employees during in the hiring, job promotion and production processes.

AEDT Audit Rule (Local Law 144) prohibits employers and employment agencies from using an AEDT unless they have had a bias audit done on the tool. This rule for having an audit done applies to one year within the use of the tool.

Has AI bias affected your employment?

Find out how the Law Office of Peter A. Romero can help you. Throughout NYC including Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan, clients turn to us for legal help. Call us at (631) 257-5588 or contact us online to schedule an appointment.