Companies are always looking for ways to reduce hiring costs and the time it takes to hire. That can ease some of the administrative burdens on employers and help give employees a better applicant experience. However, according to the Equal Employment Opportunity Commission (EEOC), using AI software during the hiring process could violate disabled applicants’ rights under the Americans with Disabilities Act (ADA).
Many companies use resume scanning software and employee keystroke monitoring software. These types of AI programs can discriminate against applicants and employees with disabilities. For example, a company using an employee keystroke monitoring software may not consider an employee’s disability that slows their typing speed. A resume scanner might not account for an applicant’s different manner of typing.
While these tools were designed to help streamline the hiring process and automate some processes, they can run afoul. Employers would be well-advised and seek guidance on the type of software they use.
Reasonable Accommodations Are Still Required
Hiring practices often put applicants with disabilities at a disadvantage. AI tools should not exacerbate those problems. They should work to fix them. Even the EEOC recognizes the potential benefits of streamlining hiring practices for employers and employees. However, some AI tools are increasing discrimination claims. Ultimately, even if an employer purchases AI software, the employer is still responsible for ensuring compliance.
If you are an employee with a disability, you are still entitled to reasonable accommodations. When AI tool includes a skills assessment, that is when software options today are not prepared for some disabled applicants. If you are an individual with accounting skills and apply for a new job with a company that uses AI software, they need to provide you with reasonable accommodations if you have a disability. If the software they use does not allow for extended test-taking time, the software may make the company lack compliance with EEOC hiring practices.
Every company using AI tools to screen applicants must conduct an audit. If they fail to ensure the software they have chosen meets anti-discrimination requirements, they could face fines and lawsuits. If you are a person with a disability and you have been discriminated against during the hiring process, you may be able to have your application reconsidered, receive compensation, or collect other damages.
South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Can Protect Your Rights if You Have Experienced Disability Discrimination
You may be entitled to compensation if your rights have been violated during the hiring process or during employment. To explore your legal options, speak with our South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. Call us at 856-235-7075 or contact us online to schedule a free consultation and learn more about the support and service we can provide. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients throughout South Jersey, including Cherry Hill, Burlington County, and Camden County.