"DOJ and EEOC Warn: Employers’ Use of Artificial Intelligence Can Violate the Americans with Disabilities Act"

Tools used by employers that rely on algorithms or artificial intelligence, like computer testing of job applicants and software to "score" resumes, "may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA)", according to the US DOJ.

The DOJ and the EEOC both released "technical assistance" documents, warning to employers and providing guidance about potential disability employment discrimination. The Americans with disabilities act (ADA), requires employers to provide "reasonable accommodation" to applicants and employees that suits their disability. The EEOC provided examples in their "assistance document" (linked below), one of which, seems to be a challenge I might face with one, or more of my disabilities.

"A job application requires a timed math test using a keyboard. Angela has severe arthritis and cannot type quickly. Typing quickly is not necessary for the job. Angela will fail the test if she takes it without a reasonable accommodation. The reasonable accommodation could be speaking the answers or having more time for the test."

In my case, having one fully functioning hand, using a keyboard with speed and accuracy is no longer an option, so AI would screen me out. I'm fortunate to have quality voice recognition software to dictate and control computer function. Speaking the answers would be a necessary accommodation to my limb difference disability but, other disabilities and factors can come into play.

For example, a person with brain injury or autism may require a different accommodations, as would someone who is hearing or visually impaired. The ADA document "Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring", gives another example:
"… if a county government uses facial and voice analysis technologies to evaluate applicants’ skills and abilities, people with disabilities like autism or speech impairments may be screened out, even if they are qualified for the job."

Considering ableism, ignorant attitudes and discrimination from humans, people with disabilities face enough barriers. The last thing we need is to be further excluded by artificial intelligence and machines. The releases below from the DOJ, EEOC and ADA also offer guidance about recognition, rights and what to do if AI discriminates against you.

"DOJ and EEOC Warn against Disability Discrimination"
DOJ website: https://www.justice.gov/opa/pr/justice-department-and-eeoc-warn-against-disability-EEOC

"Tips for Workers: The ADA and the use of software, algorithms and artificial intelligence"

Website: https://www.eeoc.gov/laws/guidance/americans-disabilities-act-and-use-software-algorithms-and-artificial-intelligence
PDF: https://www.eeoc.gov/sites/default/files/2022-07/ADA%20and%20AI%20Worker%20Tip%20Sheet.pdf

ADA – "Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring"
website:
https://beta.ada.gov/resources/ai-guidance/
PDF: https://www.ada.gov/assets/_pdfs/ai-guidance.pdf

#AI #ADA #disability #employment #EEOC #equality #InvisibleDisabilityRights

@actuallyautistic @disabilityjustice @disability

#kalpanakotagal #EEOC https://nwlc.org/
Asked my senators to vote Yes to confirm. #LGBTQ

#kalpanakotagal #EEOC https://news.bloomberglaw.com/daily-labor-report/senate-committee-greenlights-kotagal-for-eeoc-commissioner-post. Senate votes again Wed.!

::: sigh ::: #ClarenceThomas was long corrupt prior to becoming a judge. His #DOE and #EEOC career is wrought with violation of appointed federal service regulations and influence.
Too bad he came out of his #SCOTUSIsCorrupt bench "silent mode" of the first 10 yrs.
Black puppets are required to just shut up, and laugh big and a lot at parties. Just saying. #BlackMastodon

US EEOC Updates Guidance on COVID-19 - See Workers’ Compensation Benefits for Long COVID https://www.gelmans.com/ReadingRoom/tabid/65/ArtMID/1482/ArticleID/1087/preview/true/Default.aspx #EEOC #workerscompensation #COVIDdisability #ADA

@ProPublica Going in the wrong direction, but I would call this "Equal Opportunity, Nationalist Christian Conservative Edition," in which care is equally denied for all.
#Christian #Christianity #EEOC #EqualOpportunity

Texas AG Ken Paxton Sues Joe Biden For 'Signed Law Ken Paxton Doesn't Like' https://www.wonkette.com/texas-ag-ken-paxton-sues-joe-biden-for-signed-law-ken-paxton-doesn-t-like

#Texas_v_garland #Ken_paxton #Texas_ag #Ken_paxton_sues_congress #Proxy_voting #Mccarthy_v_pelosi #Eeoc #Performative_litigation #Legal

Offensive Music at Work Creates Legal Headaches for Employers:

Sharp v. S&S Activewear Docket
Israel v. Tesla Docket

#Law #LawFedi #EmploymentLaw #SexualHarassment #HostileWorkEnvironment #EEOC #Discrimination #TitleVII #Nevada #9thCircuit #Music

https://news.bloomberglaw.com/business-and-practice/offensive-music-at-work-creates-legal-headaches-for-employers

US #EEOC says that employers can require returning workers be immunized as a condition of returning to the workplace. The usual cluster of state governments pass laws outlawing the process citing, of course, individual liberty https://www.npr.org/2021/05/28/1001116485/for-employers-the-law-is-mostly-on-their-side-when-it-comes-to-vaccines