DOL Releases “AI & Inclusive Hiring Framework” to Promote Fair Hiring for Job Seekers with Disabilities

This article is from The National Law Review: https://lnkd.in/etXDF2pD As artificial intelligence (AI) continues to reshape the hiring process, the U.S. Department of Labor (DOL) is urging employers to implement inclusive and responsible practices. On September 24, 2024, the DOL, in partnership with the Partnership on Employment & Accessible Technology (PEAT), released its “AI & Inclusive Hiring Framework.” This new resource is designed to help employers ensure their AI-driven hiring tools are non-discriminatory and accessible to applicants with disabilities. The Framework responds directly to the Biden-Harris Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, emphasizing the need for ethical AI adoption in the workplace.

Why It Matters

AI is increasingly being used in recruitment—from scanning resumes to ranking candidates. According to recent SHRM data, nearly 1 in 4 organizations now use AI tools in their HR departments. However, these tools can unintentionally exclude or disadvantage candidates, especially those with disabilities, if not implemented thoughtfully and lawfully.

The DOL’s Framework offers practical guidance and safeguards to ensure employers integrate AI in ways that promote accessibility, avoid bias, and support legal compliance.

The 10 Focus Areas of the DOL’s Framework

The Framework outlines ten key areas for employers to consider when implementing or evaluating AI hiring tools:

1. Identify Legal Requirements

Stay up to date with emerging laws at the federal, state, and local levels.
Develop internal training and policies to ensure compliance and privacy protection.
Prevent AI tools from adversely impacting candidates based on protected characteristics.

2. Establish Staff Roles

Assign responsibility for overseeing AI usage.
Train staff on potential risks and biases associated with AI hiring tools.
Involve disability advocates and diverse stakeholders in the decision-making process.

3. Inventory and Classify Technology

Educate employees on how and when AI tools should (or shouldn’t) be used.
Define areas where human judgment is required to supplement AI outputs.

4. Work with Responsible Vendors

Vet vendors thoroughly regarding their tools' accessibility, bias mitigation, and legal safeguards.
Ask whether the tools are designed for users with disabilities and offer alternative formats.
Note: Employers could be held legally responsible for a vendor’s discriminatory AI practices.

5. Assess Impacts

Weigh risks against benefits.
Monitor how AI tools affect all candidates, especially those from protected classes.
Consider involving legal counsel or third-party auditors to assess compliance.

6. Provide Accommodations

Ensure a clear and accessible process for requesting accommodations, even when AI is used.
Train HR teams to handle accommodation requests involving AI tools.

7. Use Explainable AI

Inform applicants when and how AI is being used.
Provide accessible notices and explanations of AI’s role in the hiring process.

8. Ensure Human Oversight

Set boundaries for when AI tools can be used.
Make sure trained employees are able to interpret AI results and catch potential biases.

9. Manage Incidents

Establish clear incident response protocols.
Be prepared to pause or revise AI use if risks become too significant.

10. Monitor Regularly

Continually assess AI tool performance and fairness.
Gather feedback from diverse sources, including individuals with disabilities.
Evaluate how well accommodations are being implemented.

Key Takeaways for Employers

While the DOL’s Framework is not legally binding, it expands on earlier federal guidance and reflects a growing expectation that employers proactively ensure AI hiring practices are fair, transparent, and accessible.

Employers should:

Work with legal counsel to review AI hiring policies.
Incorporate accessibility into vendor selection and internal training.
Use the DOL’s Framework as a roadmap for developing or auditing AI-driven hiring tools.

As legal scrutiny increases and technology evolves, this Framework can help employers balance innovation with inclusion—ensuring that AI supports, rather than undermines, fair employment opportunities.