On May 18, 2023, the U.S. Equal Employment Opportunity Commission published important guidance for employers regarding the proper use of artificial intelligence ("AI") in selecting and managing their workforce.

The agency noted the multitude of contexts in which AI may be applied in employment: "[e]mployers now have a wide variety of algorithmic decision-making tools available to assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal, and referral."

The EEOC's Technical Assistance Document is entitled "Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964." It is available at the following link: Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission