AI HR Compliance Updates
- Mar 31
- 2 min read
I wanted to share these updates because they are top of mind for me as I am implementing AI into work and workflows that affect staff. Definitely a topic for more conversation.
Non-Discrimination and AI HR: The EEOC and DOJ have reminded employers that using AI or automated tools in hiring, performance, promotion, or other employment decisions does not remove our responsibility to comply with the ADA. In particular, employers need to make sure these tools do not unfairly screen out qualified individuals with disabilities, fail to allow for reasonable accommodations, or improperly collect disability-related information. As we continue exploring AI in our workflows, this is an important reminder that human oversight, accessibility, and compliance need to remain central.
Tool for AI Governance: National Institute of Standards and Technology (NIST) AI Risk Management Framework. The website is a little hard to navigate but the high level idea is that there is governance (policies, processes, roles, accountability, and culture), mapping (understanding what the AI system is for, who it affects, where it could go wrong, what assumptions it makes, and what human oversight is needed), measure (assessing and testing the system and its risks), manage (prioritize risks, respond to them, monitor them, and decide whether the system should proceed, be changed, or in some cases not be used).
EU AI Act: European Commission has a requirement for high risk cases (employment is one of these): risk management, data quality controls, documentation and traceability, transparency, human oversight, accuracy, cybersecurity, robustness, conformity assessments, and quality management systems.
Colorado (canary legislation, predictive of what may happen in other states): Legislation applies mainly to developers and deployers of high-risk AI systems used to make, or be a substantial factor in making, consequential decisions about consumers in areas like employment, education, lending, government services, housing, insurance, legal services, and related categories. The Colorado Attorney General describes the law as protecting consumers from algorithmic discrimination in those kinds of decision
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