A pen hovers above a slip of paper that reads, “Americans with Disabilities Act (ADA): Do you know about it? With two check boxes beneath reading “yes” and “no.” Employers are responsible for vetting potential bias in AI-based hiring tools. (Credit: Yeexin Richelle/Shutterstock)

The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance on how the abundance of software and artificial intelligence (AI) tools allowing employers to hire and assess candidates (with little to no human interaction) may be violating existing requirements under Title I of the Americans with Disabilities Act (ADA). Employers are responsible for vetting potential bias in AI-based hiring tools and the EEOC warns of three common applications where these tools could violate the ADA. For example:

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