What happened?

On April 29, 2024, the Office of Federal Contract Compliance Programs (OFCCP) introduced a guidance that focuses on the implications of Artificial Intelligence (AI) in the realm of Equal Employment Opportunity (EEO). This guide, enforced by the OFCCP, is intended for federal contractors and subcontractors (collectively referred to as federal contractors) and it delineates their responsibilities.

What are the details?

Federal contractors are obligated to ensure employment equality and affirmative action, without discrimination on any grounds (race, color, religion, sex, etc.), extending the obligation to their use of AI in employment decisions.

While AI can boost efficiency, it may also inadvertently propagate bias and discrimination. To help contractors navigate these challenges, the Office of Federal Contract Compliance Programs (OFCCP) offers guidance to clarify obligations, foster equal employment, and minimize the potential adverse impacts of AI in employment decisions.

Key Bites

• The guidance clarifies federal contractors’ compliance AI obligations.
• The guidance provides “promising practices” that, although not mandatory, can be helpful, click here.

Business Considerations

• Employers should inform applicants, employees, and their representatives in advance if AI is to be used in hiring or employment decisions.
• Employers should regularly check and analyze whether the use of the AI system is causing any disparate or adverse impact, doing so in three phases: before implementation, during use at regular intervals, and after use.
• Employers should keep and securely store documentation of the data used to develop or deploy the AI system. If the system is vendor-created, employers should ensure that such documentation is easily obtainable from the vendor.
• Employers should thoroughly review vendor-created AI systems to ensure they align with EEO obligations.
• Employers should make sure that AI systems are accessible and inclusive for individuals with disabilities.

Source References

• OFCCP Artificial Intelligence Federal Contractors Compliance Obligations Portal
• OFCCP Releases New AI Guidance for Federal Contractors (Perkins Coie LLP)

Resources

• OFCCP AI Guide
• Joint Statement On Enforcement Of Civil Rights, Fair Competition, Consumer Protection, And Equal Opportunity Laws In Automated Systems

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