EEOC AI Audits
EEOC has identified the issue of bias in AI algorithms as one of its top 3 enforcement priorities in its 2023-2027 enforcement plan.
EEOC has made it clear that employers are liable for disparate impact of their automated and AI-powered hiring tools — and that this legal burden falls on employers, not the vendors of the tools.
EEOC has recommended regular audit of autoamted hiring tools to make sure they do not violate the “80% rule” and other bias metrics.
Proceptual provides the audit reports needed to create assurance that employers are not out of compliance.
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Our Proven Process
Proceptual’s technology-driven, proven process produces data governance and compliance quickly and accurately.
Is an audit necessary?
Which tools must be audited?
DATA COLLECTION & CLEANING
Collect data and clean
Comply with internal and external prviacy requirements
Complete the audit of the tool in question and generate reports
Review audit results with internal stakeholders and identify next steps
If disparate impact is identified, Proceptual recommends specific remediation options.
What has EEOC published regarding their intentions on regulating AI?
EEOC has released a substantial document addressing the issue of AI bias and discrimination. While it should be read in its entirety, it strongly makes the point that AI hiring systems will be treated the same way as more traditional systems; it also makes clear that an employer using an AI system is responsible for compliance – not the vendor.
EEOC also began training its enforcement staff to be able to identify AI bias.