The U.S. Department of Labor (DOL) recently announced the release of its website, “AI & Inclusive Hiring Framework.” It’s described as “a new tool designed to support the inclusive use of artificial intelligence in employers’ hiring technology and increase benefits to disabled job seekers.”
Previously, the Labor Department released AI Principles, with guidance for employers and AI developers about designing and implementing AI systems in the workplace. The AI Principles were released at the direction of President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. That order didn’t specify what practices violated the AI Principles; however, the Labor Department’s AI Framework seeks to “chart[] a clear course for employers to navigate” implementation of AI systems in the workplace.
The AI Framework was published by the Partnership on Employment & Accessible Technology (PEAT). This is an enterprise that the Labor Department’s Office of Disability Employment Policy (ODEP) funded to develop the AI Framework. Nonetheless, the organization is managed by a private company and is described as “is the only non-regulatory federal agency that promotes policies and coordinates with employers and all levels of government to increase workplace success for people with disabilities.”
Wheelhouse Group, a Cadmus Company, manages the group, and PEAT cautions that its material “does not necessarily reflect the views or policies of the Office of Disability Employment Policy, U.S. Department of Labor, nor does the mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.”
The Mission of the Partnership on Employment & Accessible Technology (PEAT)
PEAT says that its mission is “to foster collaborations in the technology space that build inclusive workplaces for people with disabilities. Our vision is a future where new and emerging technologies are accessible to the workforce by design.” In addition, the organization says that it “foster[s] digital accessibility in the workplace and a vision for “Why” and “How” to create accessible emerging technologies.”
PEAT previously provided input to federal agencies including the EEOC on guidance related to AI and the employment of people with disabilities.
According to a press release, ODEP and PEAT developed the AI Framework with input from their “cross-sector partners,” including “disability advocates, AI experts, government and industry leaders and the public at large.”
While the website specifically says that the “Framework’s primary audience is employers who deploy artificial intelligence (AI) hiring technology,” employers were not invited to participate and were not given a chance to provide direct feedback on the draft guidance.
The framework’s foundation was laid in a PEAT Think Tank in April 2023 and developed with additional input gathered in discussions with experts, listening sessions and a national online public dialogue. The press release notes that the ODEP and PEAT authored the framework in collaboration with the National Institute of Standards and Technology and other external partners.
The U.S. Department of Labor explains that the initiative aligns with the Biden-Harris administration’s commitment to prevent AI-powered employment tools from hindering U.S. workers’ employment prospects. In October 2022, the White House’s Office of Science and Technology Policy released its Blueprint for an AI Bill of Rights to promote more equitable and inclusive digital hiring practices with workers with disabilities and other underserved communities.
The AI Framework’s 10 Focus Areas
The AI & Inclusive Hiring Framework is organized into 10 focus areas that align with selected goals and activities for achieving the outcomes laid out in the National Institute of Standards and Technology (NIST) Artificial Intelligence Risk Management Framework (AI RMF).
These Focus Areas address issues that impact the recruitment and hiring of people with disabilities. They contain information on maximizing benefits and managing risks when assessing, acquiring, or deploying AI hiring technology:
- Identify legal requirements;
- Establish staff roles;
- Inventory technology;
- Work with vendors;
- Assess impacts;
- Provide accommodations;
- Use explainable ai;
- Ensure human oversight;
- Manage incidents; and
- Monitor regularly.
An organization isn’t required to implement every practice, goal, and activity simultaneously. Instead, PEAT says that using this AI & Inclusive Hiring Framework will be a “progressive effort and will evolve over time as your organization’s AI operation grows.”
For example, in Focus Area 1, you’ll identify the employment nondiscrimination, accessibility, and privacy laws and regulations that apply to the employers’ use of artificial intelligence (AI) hiring technology. In addition, you’ll consider how the technology may help you meet legal obligations, assess how the technology may affect human-led hiring processes, and determine the technology’s limitations.
And while the focus areas are somewhat different from previous Department of Labor and other agency guidance or initiatives on AI (such as the EEOC’s or that of the Office of Federal Contract Compliance Programs (OFCCP), the areas of emphasis predominately match the AI Principles and President Biden’s AI Executive Order from last year. To illustrate this, all three promote the implementation of AI with human oversight and in an ethical, transparent manner that workers and applicants are able to easily comprehend. Plus, each of these center on the rights of employees. As a result, it looks as though the federal government encourages the use of AI for the benefit of employees, and to date, federal agencies have failed to give clear direction as to employers’ implementation of AI systems. Even so, the AI Framework website tries to give employers resources to examine when implementing AI systems.
Takeaway
It’s imperative for employers to regularly appraise their organizations’ use of artificial intelligence and its effect in the workplace on both their employees and applicants.
While we wait for Congress to enact legislation specifically addressing AI, federal agencies are apt to shoehorn AI into laws currently on the books. With this in mind, employers should stay abreast of developing legal authority concerning AI.