On September 24, 2024, the U.S. Department of Labor (DOL) announced the release of the AI & Inclusive Hiring Framework for employers on practices to minimize the risk of artificial intelligence (AI) discrimination in the hiring process. The DOL’s Office of Disability Employment Policy funds the Partnership on Employment & Accessible Technology (PEAT), which released the AI & Inclusive Hiring Framework guidance.
While it is not a law, employers should consider complying with the guidance to help with defending legal claims related to using AI in the hiring process.
The framework has the following 10 focus areas:
The guidance recommends that employers have human oversight when using AI and use it in a transparent manner. Specifically, the guidance recommends having explainable AI statements — one statement for internal users so they can understand how the AI technology works and another for external users that is easy to find and communicated in plain language on how the AI is intended to be used. The guidance doesn’t provide clear information on how employers can implement AI systems, but there are resources employers can refer to on PEAT’s website.
The federal government has made AI a focus. In May 2024, the DOL announced the release of a set of principles for developers and employers when using AI in the workplace. Those principles, which are not laws, stemmed from an executive order on the safe and secure use and development of AI issued by President Biden in October 2023.
AI is expected to continue to be a key focus for federal agencies. Employers can expect more guidance related to AI from federal agencies and should pay close attention to it and federal and state laws, such as the Colorado AI Act, which takes effect in 2026.
Employers Council has resources to help members with responsible AI use, including our Employers Guide to Managing AI in the Workplace. Consulting and Enterprise members can contact us to learn more.
Erika Paulus is an attorney for Employers Council.