DOL Releases AI and Inclusive Hiring Framework

In September 2024, the US Department of Labor (DOL) released an AI and Inclusive Hiring Framework.  The Framework seeks to guide employers who use AI-enabled hiring tools to make the hiring and recruiting process more accessible to applicants with disabilities.

The Framework is broken down into ten Focus Areas.  Each Focus Area is directed at achieving the outcomes set by the National Institute for Standards and Technology (NIST) Artificial Intelligence Risk Management Framework.  The Focus Areas contain helpful guidance on reducing risk and increasing benefit when using AI-enabled hiring tools.

What are the Ten Focus Areas?

  • Identifying Legal Requirements
  • Establishing Staff Roles
  • Inventory Technology
  • Working with Vendors
  • Assessing Impacts
  • Providing Accommodations
  • Using Explainable AI
  • Ensuring Human Oversight
  • Managing Incidents
  • Monitoring Regularly

Employers need not panic 

The Framework is not a law requiring immediate compliance.  But the Framework is also not to be disregarded as “optional” for compliance.  The DOL recognizes that using AI in hiring and recruiting is constantly evolving-and creating new barriers for applicants with disabilities as it evolves.  The Framework is a tool employers can use to ensure that their AI-enabled hiring tools are staying in compliance with both new and existing laws.  The Focus Area need not be completed in order or one at a time.  The Framework should be flexible and ongoing to achieve the goal of a fair and equitable hiring process as required by law.

Compliance support is available

Does your organization use AI-enabled hiring tools?  Attorneys at myHRcounsel can set you on the path to legal compliance and help protect your business from costly lawsuits that are sure to arise from the discriminatory use of AI in the workplace.

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