U.S. Department of Labor Publishes an AI and Inclusive Hiring Framework

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Patricia Tsipras

October 21, 2024

In recognition of employers’ growing use of Artificial Intelligence (AI)-powered recruitment tools, the U.S. Department of Labor recently published the AI & Inclusive Hiring Framework.  For employers, the framework will help reduce the risk that AI hiring technology will create barriers to employment.  For job seekers and workers, the framework will help to navigate the benefits and challenges that they may encounter when faced with AI technologies.

The Office of Disability Employment Policy and the Partnership on Employment & Accessible Technology developed the framework with input from disability advocates, AI experts, government and industry leaders, and the public.  The framework has ten focus areas that include practices, goals, and sample activities that employers can adopt in their hiring initiatives to responsibly use AI:

1. Identify employment and accessibility legal requirements that apply to employers’ use of AI hiring technology.
2. Establish roles, responsibilities, and training around use of AI hiring technology.
3. Inventory and classify the technology with information collected from AI vendors.
4. Work with responsible AI vendors.
5. Assess possible positive and negative impacts of the AI technology to foster a strong risk culture and inclusive mindset and to develop policies and practices for accountability.
6. Provide accommodations, including creating a process for job seekers and workers to request accommodations.
7. Use explainable AI and provide notice, including collecting information from vendors to understand how the AI technology works and drafting notices to explain to users what the AI technology does and how it will be used.
8. Ensure effective human oversight, including by those who are responsible for DEIA (diversity, equity, inclusion, and accessibility).
9. Manage incidents and appeals regarding any failures of the AI technology.
10. Regularly monitor the AI hiring technology to assess its trustworthiness and evaluate risks.

Employers: If you are assessing AI hiring technology, have acquired it, or already have deployed it, review the DOL’s framework to ensure that you are maximizing the technology’s benefits while managing its risks.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.