DOL Offers Steps for Employers to Promote Inclusive Hiring With AI Tools

The Department of Labor launched the AI & Inclusive Hiring Framework, the latest development by the Biden administration following President Biden’s 2023 executive order on the safe development of AI. Published Sept. 24, this guidance offers some clarity on best practices for employers weighing the benefits and legal risks of using AI in recruiting and hiring.

The voluntary framework is designed to help employers use AI-enabled hiring technologies in a way that is inclusive and minimizes risks of unintentional discrimination in the hiring process. It draws from the National Institute of Standards and Technology’s (NIST) AI Risk Management Framework and incorporates NIST’s best practices for inclusive hiring.

The guidance consists of 10 focus areas. Each area includes specific practices, goals and sample activities that employers can adopt to enhance their AI oversight and promote inclusive hiring. This includes guidance on how to assess, acquire and utilize these technologies in a way that is fair and accessible to all job seekers, including those with disabilities.

Details of the guidance’s 10 focus areas from framework publisher Partnership on Employment & Accessible Technology.

The release of this framework should serve as a reminder that AI remains a key focus for regulators and an evolving area where employers should stay readily informed. Employers should review the voluntary framework and cross-check it with company policies and training on using AI-enabled hiring tools. Understanding this framework will help employers stay in line with current governmental expectations and future regulations on responsible AI use.

Please contact Loden Walker or any member of the Phelps labor and employment team with questions or for compliance advice and guidance.