Employers Ask ‘What Is AI’ as Regulators Probe Hiring Biases

Michael Schulman spoke to Bloomberg Law regarding recent legislation and policies related to artificial intelligence (AI) and bias when used in hiring and employment. The Equal Employment Opportunity Commission (EEOC) issued a May 2023 guidance addressing the role of AI in discrimination under Title VII of the 1964 Civil Rights Act, defining AI as “machine learning, computer vision, natural language processing and understanding, intelligent decision support systems, and autonomous systems.”

Michael stated, “The EEOC guidance is quite broad and mentions software and other sorts of tools that frankly, employers have used for decades. It could capture, for example, resume screening tools that a lot of employers have used for a very long time, even before the proliferation of AI.”

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