"DOJ and EEOC Warn: Employers’ Use of Artificial Intelligence Can Violate the Americans with Disabilities Act"
Tools used by employers that rely on algorithms or artificial intelligence, like computer testing of job applicants and software to "score" resumes, "may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA)", according to the US DOJ.
The DOJ and the EEOC both released "technical assistance" documents, warning to employers and providing guidance about potential disability employment discrimination. The Americans with disabilities act (ADA), requires employers to provide "reasonable accommodation" to applicants and employees that suits their disability. The EEOC provided examples in their "assistance document" (linked below), one of which, seems to be a challenge I might face with one, or more of my disabilities.
"A job application requires a timed math test using a keyboard. Angela has severe arthritis and cannot type quickly. Typing quickly is not necessary for the job. Angela will fail the test if she takes it without a reasonable accommodation. The reasonable accommodation could be speaking the answers or having more time for the test."
In my case, having one fully functioning hand, using a keyboard with speed and accuracy is no longer an option, so AI would screen me out. I'm fortunate to have quality voice recognition software to dictate and control computer function. Speaking the answers would be a necessary accommodation to my limb difference disability but, other disabilities and factors can come into play.
For example, a person with brain injury or autism may require a different accommodations, as would someone who is hearing or visually impaired. The ADA document "Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring", gives another example:
"… if a county government uses facial and voice analysis technologies to evaluate applicants’ skills and abilities, people with disabilities like autism or speech impairments may be screened out, even if they are qualified for the job."
Considering ableism, ignorant attitudes and discrimination from humans, people with disabilities face enough barriers. The last thing we need is to be further excluded by artificial intelligence and machines. The releases below from the DOJ, EEOC and ADA also offer guidance about recognition, rights and what to do if AI discriminates against you.