While there is not currently a federal law that directly regulates Artificial Intelligence (AI) in the workplace, you can bet the government will have plenty more to say in the coming years as AI becomes more and more common use. Inevitably, as companies use AI for the hiring process, employee training, and many more aspects of employment, there will be more potential opportunities for bias and discrimination.

As of today, the Equal Employment Opportunity Commission (EEOC) has designated AI in the workplace as a top priority. Steps the EEOC will likely consider taking in the near future will include issuing guidance on the how AI is used in relation to the Americans with Disabilities Act, closely examining AI being used in hiring decisions and how that complies with federal civil rights laws and pursuing investigations and complaints on the use of AI by employers.

To reduce risk and prepare for more government scrutiny, employers can:

• Consider modifying existing equal employment opportunity policies to include AI usage.
• Be clear and upfront with job applicants regarding use of AI in the selection process and ensure there is human oversight to mitigate disparate treatment.
• Train HR team on accommodations in the workplace as it relates to AI to remain compliant with all components of the Americans with Disabilities Act (ADA).