The US Department of Labor in September published a resource to guide employers in their use of AI-driven recruitment tools. Published by the Partnership on Employment & Accessible Technology, the AI & Inclusive Hiring Framework aims to help organizations ensure inclusivity, reduce discrimination and help disabled job seekers as they implement AI hiring technology.   

With AI increasingly playing a role in the recruitment process, particularly in driving tools, enabling faster hiring processes and supporting inclusive practices, it can also unintentionally introduce discrimination and biases. Contingent workforce program managers should be aware of these challenges and make sure AI technology is managed carefully and used as a tool for fair hiring. 

Funded by the department’s Office of Disability Employment Policy, the initiative will also help workers and job seekers navigate the potential benefits and challenges they may face when encountering AI-enabled technologies. 

ODEP and PEAT developed the framework with involvement from disability advocates, AI experts, government and industry leaders and the public at large. Contingent workforce program managers should familiarize themselves with the latest framework as well as existing AI guidelines for the US workplace. 

“The Office of Disability Employment Policy works with many employers eager to hire people with disabilities and benefit from their talents,” Assistant Secretary for Disability Employment Policy Taryn Williams said in a press release. “These employers recognize that AI tools can improve recruitment and hiring but may also impact workplace culture and inclusion of disabled employees. The AI & Inclusive Hiring Framework published today charts a clear course for employers to navigate this transformation successfully.”  

The framework’s primary audience is employers that deploy artificial intelligence hiring technology. In some cases, an employer may develop and deploy its own AI hiring technology or create digital content that is used in tandem with vendor- or employer-developed technology. 

A secondary audience for this resource is job seekers and workers. The framework highlights the importance of employers engaging with this external audience and seeking their feedback. The information will give employers a more robust understanding of the impact of their AI hiring technology on all users, according to the DOL. 

Minimizing Discrimination Risks 

The framework has ten focus areas, including practices, goals and sample activities that employers can adopt in their AI governance and disability-inclusive hiring initiatives. Each area has information on maximizing benefits and managing risks for workers and job seekers when an organization assesses, acquires or deploys an AI hiring technology. 

The framework’s 10 focus areas for employers: 

1. Identify employment and accessibility legal requirements 

2. Establish staff roles, responsibilities and training 

3. Inventory and classify the technology 

4. Work with responsible AI vendors 

5. Assess possible positive and negative impacts 

6. Provide accommodations 

7. Use explainable AI and provide notices 

8. Ensure effective human oversight 

9. Manage incidents and appeals 

10. Monitor regularly the performance of AI hiring technology to help assess compliance with nondiscrimination and accessibility legal requirements

“Your organization does not need to implement every practice, goal and activity at once,” PEAT stated in its framework overview. “Using this AI & Inclusive Hiring Framework will be a progressive effort and will evolve over time as your organization’s AI operation grows.” 

According to a blog post by law firm JD Supra, the framework can serve as a helpful starting point for employers who want to take advantage of AI technology while minimizing associated legal risk. 

Aligning with Federal Standards  

PEAT’s framework is based on the National Institute of Standards and Technology’s AI Risk Management Framework and includes NIST’s best practices for inclusive hiring.  

The initiative also aligns with the Biden-Harris administration’s commitment to prevent AI-powered employment tools from hindering US workers’ employment prospects and supports President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.