The Americans With Disabilities Act and AI: Assessing the Risks

January 26, 2025

On May 12, 2022, the U.S. Equal Employment Opportunity Commission published important guidance for employers regarding the proper use of artificial intelligence (“AI”) in assessing job applicants and employees with disabilities under the federal Americans With Disabilities Act (“ADA”).

Employers now have a wide variety of computer-based tools available to assist them in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment.

The agency noted the multitude of contexts in which AI may be applied to assist employers “in hiring workers, monitoring worker performance, determining pay or promotions, and establishing the terms and conditions of employment.”

The EEOC’s Technical Assistance Document is entitled ” The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” It is available at the following link: The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees | U.S. Equal Employment Opportunity Commission