Artificial Intelligence and the ADA: Understanding How Employment Discrimination May Occur

Artificial intelligence (AI), as well as the design of software and use of algorithms, is changing how employers evaluate applicants and employees. While such technological advances offer certain advantages, they also may result in discrimination against qualified applicants and employees with a wide range of disabilities in violation of the Americans with Disabilities Act. While employers play a primary role in efforts to prevent discrimination, individuals with disabilities may want to make inquiries to ensure that they understand when and how these technologies may be deployed in order to determine if they need to request reasonable accommodation. This session will discuss why an employer cannot rely on the fact it did not design or implement this technology to avoid potential ADA liability. Most importantly, it will review steps an employer may take to limit the likelihood of discrimination, including providing as much information to applicants and employees about how this technology is being used. Finally, the session will offer guidance about what individuals with disabilities can do to ensure that their qualifications and work are appropriately assessed.