U.S. Department of Labour Unveils New AI & Inclusive Hiring Framework
Washington, D.C. – On September 24, 2024, the U.S. Department of Labour (DOL) unveiled its latest initiative aimed at fostering inclusive hiring practices through the use of artificial intelligence. The recently launched "AI & Inclusive Hiring Framework" website is designed to support the equitable deployment of AI technologies in hiring processes and enhance employment opportunities for disabled job seekers.
This new framework follows earlier AI Principles released by the DOL, which provided guidance for employers and AI developers on creating and integrating AI systems within the workplace. These AI Principles were issued under President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, although previous guidelines did not clearly specify compliant practices. The new AI Framework aims to provide more precise direction for employers navigating AI implementation.
The AI Framework was developed by the Partnership on Employment & Accessible Technology (PEAT), which received funding from the DOL’s Office of Disability Employment Policy (ODEP). Managed by a private company, PEAT strives to promote collaborative efforts in the technology sector to build inclusive workplaces for individuals with disabilities. However, PEAT’s website clarifies that its materials do not necessarily reflect the views or policies of ODEP or the DOL and are not endorsed by the federal government.
According to a DOL press release, the framework was created with insights from disability advocates, AI specialists, government representatives, industry leaders, and the general public. This marks the conclusion of efforts that began with a virtual think tank hosted by DOL and PEAT on April 17, 2023, involving federal agencies, tech innovators, disability organisations, and civil rights groups. Notably, employers, although consulted in stakeholder sessions, did not directly contribute feedback during the drafting stage, despite being the framework’s primary audience.
The AI Framework is organised around ten key focus areas, which include:
- Identifying legal requirements
- Establishing staff roles
- Inventorying technology
- Working with vendors
- Assessing impacts
- Providing accommodations
- Using explainable AI
- Ensuring human oversight
- Managing incidents
- Regular monitoring
These focus areas reflect and build upon earlier DOL guidance and President Biden’s Executive Order, all of which emphasise ethical, transparent AI implementation with human oversight and a commitment to employee rights.
On the AI Framework website, PEAT offers resources to aid employers in implementing AI systems effectively. The first focus area, for example, lists two major practices and four major considerations regarding legal requirements, referencing pertinent laws such as the Americans with Disabilities Act, the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964, among others.
Despite being inspired by the National Institute of Standards and Technology's (NIST) AI Risk Management Framework, some stakeholders have noted potential limitations in the practical applicability of PEAT’s guidance. It relies significantly on third-party auditing, notwithstanding the lack of consensus standards for AI auditing, particularly concerning disability discrimination. Furthermore, PEAT’s references to the Center for Democracy and Technology’s "Civil Rights Standards" involve policy frameworks and model legislation not specifically crafted as operational guidance for employers and vendors.
Employers using AI in their hiring processes are advised to consistently evaluate the impact of these systems on both current employees and job applicants. Future guidance and publications on AI from relevant agencies are expected to further address the prevention of disability discrimination. Until new legislation is enacted, federal agencies will likely continue to apply existing laws to AI systems, making it paramount for employers to stay informed about emerging legal directives and their implications.
Source: Noah Wire Services