In January 2024, the National Women’s Law Center, the American Civil Liberties Union, Center for Democracy & Technology, Governing for Impact, the NAACP Legal Defense and Educational Fund, and Upturn sent a letter to the EEOC providing recommendations for EEOC to strengthen protections against technological discrimination. This letter identifies the areas in which we believe the EEOC can make the greatest impact on these issues in the short term, and also includes longer term priorities.  Our recommendations include the following:

  • Worker-facing “know your rights” fact sheets on Automated Decision-making Systems (ADS) and Electronic Surveillance and Automated Management (ESAM);
  • Additional employer-facing guidance regarding the ADA and Title VII when using ADS and ESAM;
  • Guidance on vendor liability for the discriminatory functioning of their tools;
  • Conducting technical studies to better understand the impact of AI on workers and holding workshops and convenings on hiring technologies;
  • Pursuing Commissioner charges and directed investigations to investigate discrimination related to ADS and ESAM;
  • Adopting an updated Internet Applicant Rule that applies to all people who are screened or evaluated by hiring technologies and issuing formal guidance/rules clarifying the applicability of  civil rights laws to targeted advertisements and other algorithmic screening techniques; and
  • Encouraging employers and vendors to include members of vulnerable groups in the development and testing of ADS.