DOL Issues Framework to Guide Employers Using AI Recruiting and Hiring Tools

In line with the above, DOL has published a “framework,” titled the “AI and Inclusive Hiring Framework,” which contains 10 “Focus Areas” (i.e., best practices) to guide employers in the use of AI in recruiting and hiring and help reduce the risk of “algorithmic discrimination.” According to the National Law Review, those “Focus Areas” were developed and published by the Partnership on Employment & Accessible Technology (“PEAT”), which is funded by the DOL’s Office of Disability Employment Policy, and are the following:

“(i) identify applicable legal requirements for using AI recruiting and hiring tools; (ii) establish roles, responsibilities, and training for employees managing these tools; (iii) inventory information about these tools including their intended use, anticipated benefits, risk, and scope, and classify any risks based on

legal standards and their potential impact; (iv) develop procurement policies and procedures prior to working with vendors and other third parties to ensure a proper foundation for identifying and avoiding algorithmic bias; (v) evaluate the potential positive and negative impacts of AI recruiting and hiring tools; (vi) provide accommodations for job applicants; (vii) notify job applicants of the employer’s use of AI recruiting and hiring tools and publish “explainable AI statements” that inform applicants how these tools function and use data provided to them; (viii) implement effective human oversight of these tools; (ix) develop procedures for managing failures by these tools and provide mechanisms for applicants to appeal a tool’s decision regarding their candidacy; and (x) regularly monitor the performance of these tools.”

The PEAT website provides more in-depth information at https://www.peatworks.org/ai-inclusive-hiring-framework/.