EEOC to Train Staff on AI-Based Bias as Enforcement Efforts Grow

The EEOC is training its staff on how to identify discrimination caused by automated systems and artificial intelligence tools in the workplace as it focuses enforcement efforts on the issue.

All US Equal Employment Opportunity Commission staff were requested to attend an AI training hosted by the agency’s Office of General Counsel and the Office of Field Programs scheduled for May 18, according to an email obtained by Bloomberg Law.

The training will provide EEOC staff with information “about AI in the employment context, how our front line staff can identify AI-related issues in our enforcement work, and what to do when you identify an AI-related issue in your work,” according to the May 4 email from EEOC Chair Charlotte Burrows to agency staff.

“While our agency has been at the forefront of addressing systemic discrimination in a variety of forms, the increased proliferation of automated tools in the employment context, including those that incorporate AI, requires that we each do our part in educating stakeholders about their risks, and, when necessary, use our enforcement mechanisms to correct violations,” she said.

The EEOC’s move follows Burrows’ recent announcement that the agency would be teaming up with the Federal Trade Commission and the Consumer Financial Protection Bureau to bolster their enforcement work targeting discrimination caused by AI. Senate Democrats also have signaled they are interested in regulating on the issue.

The EEOC said earlier this year that it wanted to scrutinize the potential for discriminatory decision-making by AI tools used in the hiring and recruiting process as part of its strategic enforcement plan for the next four years.

The commission released guidance last year alongside the Department of Justice warning employers to check their technology contracts and talk to their vendors about potential bias risks.