Introduction
On September 24, 2024 [4], the US Department of Labor (DOL) [4], in collaboration with the Partnership on Employment & Accessible Technology (PEAT) [4], released the “AI & Inclusive Hiring Framework.” This framework is designed to guide employers in developing non-discriminatory AI hiring practices, particularly for job seekers with disabilities [4], in alignment with the Biden-Harris Executive Order on the Safe, Secure [4], and Trustworthy Development and Use of Artificial Intelligence [4].
Description
With nearly 1 in 4 organizations utilizing AI tools in human resources [4], it is essential for employers to ensure these technologies do not perpetuate discrimination or create barriers for individuals with disabilities [4]. The DOL’s Framework emphasizes responsible and transparent AI use [1], outlining goals and suggesting activities to enhance the inclusivity of AI hiring processes [1]. It builds on earlier DOL guidance regarding responsible AI use and applies the National Institute of Standards and Technology’s AI Risk Management Framework to address the unique challenges faced by employers and job seekers with disabilities.
The Framework identifies ten focus areas aimed at mitigating the adverse effects of AI technologies on recruitment and hiring while maximizing their benefits [1]. Key focus areas include ensuring that AI does not negatively impact workers based on protected attributes [1], seeking diverse perspectives from disability organizations [1] [4], defining appropriate uses of AI tools [1], and employing independent assessors for legal compliance [1] [4]. Additionally, it highlights the importance of training employees on accommodations [1], explaining oversight procedures [1] [4], and ensuring proper interpretation of AI outputs to detect bias [1] [4]. Employers are also encouraged to develop contingency policies for high-risk scenarios and to analyze the effectiveness of accommodations provided [1] [4].
Employers should refrain from using AI systems that could hinder labor organizing or other protected activities [3], ensuring that such technologies do not limit or monitor these efforts [3], particularly in non-work areas [3]. Continuous monitoring of AI systems is essential to safeguard worker safety [3], comply with existing laws [3], and protect workers’ legally guaranteed rights [3], including those related to leaves of absence and accommodations [3]. Routine assessments should be conducted to evaluate the impact of AI on job seekers with disabilities [3], fostering an environment where workers feel comfortable voicing concerns about AI implementation without fear of retaliation [3].
While the Framework and its focus areas are not legally binding [1], they serve as a valuable resource for employers to monitor legal developments related to AI and to ensure compliance [4], thereby minimizing discriminatory impacts in their hiring practices [4]. Employers are advised to collaborate with legal counsel to stay informed about AI-related legal developments and to consult the Framework when considering the acquisition or oversight of AI hiring tools [1]. Furthermore, AI systems should be leveraged to enhance job quality and support workers [3], rather than replace them [3]. For instance [3], AI can automate repetitive tasks [3], allowing employees to focus on developing valuable skills [3]. Prior to widespread deployment [3], piloting AI systems with worker input and providing necessary training is recommended [3].
Employers should limit electronic monitoring to the least intrusive methods and ensure that employees are trained to use AI tools that complement their roles [3]. In cases of displacement [3], retraining should be offered to help affected workers transition to new positions within the organization [3]. Data handling practices must prioritize the collection and retention of only necessary worker information [3], adhering to relevant laws regarding data security and privacy [3]. Sharing of worker data outside the organization should only occur with informed consent [3].
The DOL’s AI Principles serve as a guiding framework for businesses [3], emphasizing the importance of worker engagement [3], auditing AI systems in employment decisions [3], and enhancing worker well-being [3]. Proactive implementation of these practices may prepare employers for future regulations regarding AI in the workplace [3]. Continuous monitoring of legislative developments is advised to stay compliant with evolving legal standards [3]. The guidelines also encourage unions to engage in good faith bargaining regarding the use of AI and electronic monitoring [2], ensuring that workers’ rights to organize and their protections against discrimination and retaliation are upheld. Key best practices include the ethical development of AI [2], incorporating worker feedback [2], and establishing a clear governance system for evaluating AI applications in the workplace [2]. Transparency regarding the AI systems in use is also highlighted [2], with employers advised to conduct audits of their AI systems prior to deployment to assess potential discriminatory impacts based on various protected characteristics and to publicly disclose the results of these audits [2].
Conclusion
The “AI & Inclusive Hiring Framework” by the DOL and PEAT provides a comprehensive guide for employers to develop inclusive and non-discriminatory AI hiring practices. By emphasizing transparency, legal compliance [1] [4], and worker engagement [3], the framework aims to mitigate the risks associated with AI in recruitment while maximizing its benefits. Although not legally binding [1] [3] [4], the framework serves as a crucial resource for employers to navigate the evolving landscape of AI-related legal standards and to foster an inclusive workplace environment.
References
[1] https://www.jdsupra.com/legalnews/u-s-department-of-labor-publishes-new-1945395/
[2] https://news.yahoo.com/news/department-labor-releases-ai-best-102300534.html
[3] https://www.littler.com/publication-press/publication/dol-issues-guidance-ai-and-worker-well-being-best-practices
[4] https://www.workforcebulletin.com/u-s-department-of-labor-publishes-new-ai-inclusive-hiring-framework
