The Use of Artificial Intelligence in Employment Decision Making

Resolution Economics Artificial Intelligence Audit Team (Victoria A. Lipnic, Esq., Margo Pave, Esq., Gurkan Ay, Ph.D., Ye Zhang, Ph.D., and Lynn Clements, Esq. at Berkshire division) played a major role in creating a significant new report: “Technical Advisory Committee Report on EEOC and DEI&A Considerations in the Use of Artificial Intelligence in Employment Decision Making” published December 21, 2022 by the Institute for Workplace Equality.  The Technical Advisory Committee was chaired by Lipnic.  She is a former Commissioner and acting Chair of the U. S. Equal Employment Opportunity Commission. The AI TAC Report can be found at:

The Report is a very deep dive into some of the most important EEO and anti-discrimination issues as applied to the use of Artificial Intelligence (“AI”)-enabled employment tools as they operate within the current regulatory framework. It was created by a multi-disciplinary group of experts, who worked together to provide guidance designed to help everyone involved with employment selection processes understand and address the particular issues raised by the introduction of AI into such tools. The Report’s recommendations cover the full range of these issues: everything from the proper way to create data samples to develop and evaluate an AI-enabled tool so as to avoid building in bias; benchmarks for providing appropriate notice to applicants regarding the use of AI-enabled tools; and considerations to take into account when validating AI-enabled tools.

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