DOL Issues Framework for Employers to Use AI Hiring and Recruiting Tools
On the 24th of September 2024, the United States Department of Labor (DOL) announced the publication of a AI & Inclusive Hiring Framework (“Framework”) by the United States Department of Labor. The Framework outlines ten “Focus areas” that employers should consider when using AI hiring and recruiting tools to minimize algorithmic discrimination. The Framework was developed by the Partnership on Employment & Accessible Technology (PEAT), an entity funded by DOL’s Office of Disability Employment Policy. PEAT’s Framework was based on the National Institute of Standards and Technology AI Risk Management Framework, which supports AI governance through identifying, measuring and managing attendant risks.
The Framework outlines best practices for ten Focus Areas, including: (iii), identify applicable legal requirements when using AI hiring and recruiting tools; and (iv), develop procurement policies and procedures before working with third-party vendors and other parties to ensure that a proper foundation is in place for The Framework is not a law, but rather a guide for employers who are implementing AI at work. PEAT encourages employers “pace” their implementation of AI and to begin with the Focus Areas that “make the most sense to
the organization”. However, some of these best practice–such a evaluating the effects AI tools on a regular basis and notifying applicants about the use AI tools in the hiring processes–are also features enacted or proposed legislation. This Framework can help inform policy debates as regulators continue to explore the balance between the cost savings and efficiency that AI tools bring to employers, and the risk of algorithmic biased.
Given that the legal landscape surrounding AI in the workplace is rapidly evolving, it’s important to stay abreast of the developments in this field at the federal, local, and state levels. We will continue to track and report these developments. [their]
