Introduction
The US Department of Labor (DOL) has developed a comprehensive Framework to guide employers in the responsible, equitable [6], and legal use of artificial intelligence (AI) in hiring processes [5]. This Framework emphasizes inclusivity, particularly for disabled and underserved job seekers, and aligns with ongoing developments in AI regulations. It provides best practices for inclusive hiring and is informed by the National Institute of Standards and Technology (NIST) AI Risk Management Framework.
Description
The Framework developed by the US Department of Labor (DOL) provides comprehensive guidance for employers on the responsible, equitable [6], and legal use of AI in hiring [6], with a particular focus on promoting inclusivity for disabled and underserved job seekers. Structured around ten focus areas [6], the Framework incorporates best practices for inclusive hiring and is informed by the National Institute of Standards and Technology (NIST) AI Risk Management Framework. Implementation is designed to be gradual [6], allowing employers [1] [6], employees [1] [2] [3] [4] [5] [6], and job seekers to adapt without being overwhelmed [6]. Employers should consult the Framework to ensure their programs effectively address these focus areas [4], especially in light of ongoing developments in AI regulations at both federal and state levels.
In October 2023 [2], the Biden Administration issued an Executive Order addressing the potential risks and benefits of artificial intelligence (AI) [2]. Following this [2], the DOL released non-binding guidance on October 16, 2024 [2], outlining principles and best practices for AI use in the workplace aimed at protecting workers and ensuring responsible AI deployment [2]. Employers utilizing or considering AI must be aware of existing laws in their jurisdictions [2], as the DOL’s guidance may indicate future legal obligations [2]. Implementing the DOL’s best practices proactively can help employers navigate forthcoming legislation [2].
Focus area 5 evaluates the impact of AI on employees [6], aligning with the EEOC’s nonbinding guidance on AI-influenced selection procedures and the potential for Title VII disparate impact liability [6]. Employers are required to provide notice to employees when AI is used in significant employment decisions [1], ensuring transparency about data collection and monitoring activities [1]. The guidance reinforces that traditional labor and employment rights remain intact despite the integration of AI [3]. Focus area 10 emphasizes the necessity of regular monitoring and auditing of AI tools to ensure compliance with nondiscrimination and accessibility legal requirements [6], as highlighted by the OFCCP’s guidance for federal contractors [6]. For employers frequently interacting with federal agencies [4], such as the OFCCP [4], it is crucial to refer to the agency’s AI guidance to navigate these complexities.
The DOL’s eight principles include centering worker empowerment [2], ethically developing AI [1] [2], establishing AI governance and human oversight [2], ensuring transparency in AI use [2], protecting labor and employment rights [1] [2] [3], using AI to enable workers [2], supporting workers impacted by AI [2], and ensuring responsible use of worker data. Additional focus areas (4, 6, 7 [6], and 8) address key considerations from the OFCCP’s guidance [6], including the legal liability of employers for AI tool usage [6], the establishment of processes for applicants to request accommodations related to AI [6], and the creation of human oversight policies and procedures [6]. The Framework also emphasizes the importance of identifying legal requirements related to employment and accessibility, establishing roles and training [5], classifying technology [5], collaborating with responsible AI vendors [5], assessing impacts [5], ensuring explainability in AI [5], managing incidents [5], and maintaining human oversight [1] [5]. Employers are encouraged to ethically develop AI [1], keep thorough records of AI-influenced decisions [1], and ensure that AI complements job duties and enhances job quality [1].
As states actively propose and enact their own regulations regarding AI [4], employers and their legal counsel must remain vigilant in monitoring these developments to ensure compliance and mitigate potential legal and reputational risks. Legal experts in labor [4], employment [1] [2] [3] [4] [5], and workplace safety are well-equipped to provide guidance on these emerging AI-related issues [4], aligning with broader governmental efforts to prevent algorithmic discrimination and ensure equitable employment opportunities for marginalized groups, as highlighted in the White House’s Blueprint for an AI Bill of Rights [5]. Additionally, training and support for employees displaced by AI are advised [1], along with ensuring that AI systems do not collect unnecessary data without informed consent [1]. Routine monitoring and auditing of AI systems are recommended to protect civil rights and address potential violations [1], while employees should have the right to review and correct their data [1].
Conclusion
The DOL’s Framework serves as a crucial tool for employers to navigate the complexities of AI integration in hiring and employment practices. By adhering to its guidelines, employers can ensure compliance with evolving legal standards, promote inclusivity, and protect workers’ rights. The proactive implementation of these best practices not only mitigates potential legal and reputational risks but also aligns with broader governmental efforts to foster equitable employment opportunities and prevent algorithmic discrimination.
References
[1] https://ogletree.com/insights-resources/blog-posts/dol-issues-updated-guidance-on-employers-use-of-ai-in-the-workplace/
[2] https://www.jdsupra.com/legalnews/new-dol-guidance-for-employers-on-5185735/
[3] https://www.jdsupra.com/legalnews/dol-issues-updated-guidance-on-2317966/
[4] https://www.klgates.com/DOLs-AI-Hiring-Framework-Offers-Employers-Helpful-Guidance-on-Combatting-Algorithmic-Bias-11-12-2024
[5] https://www.clearstar.net/department-of-labor-issues-framework-for-artificial-intelligence-ai-and-inclusive-hiring/
[6] https://www.jdsupra.com/legalnews/dol-s-ai-hiring-framework-offers-4502968/
