Age discrimination in the hiring process has become an increasingly prevalent issue, especially with the rise of automated decision-making processes. A recent lawsuit filed by the Equal Employment Opportunity Commission (EEOC) sheds light on the risks associated with these automated hiring systems.
In May 2022, the EEOC filed a lawsuit against a group of companies that employ English-language tutors, alleging age discrimination in their hiring practices. According to the EEOC, these companies had programmed their application software to automatically reject female applicants over the age of 55 and male applicants over the age of 60 for a brief period in the spring of 2020. The lawsuit claimed that over 200 applicants were affected by this discriminatory screening process.
The case has now been settled, and the provisions of the settlement are far-reaching. In addition to monetary payments, the employers have agreed to several non-monetary obligations outlined in a consent decree filed in federal court. These obligations include providing notice of the lawsuit to high-level executives and HR employees, retaining a third-party group to conduct extensive training on federal equal employment opportunity laws, and inviting the rejected applicants to re-apply with reporting obligations to the EEOC.
This lawsuit and its subsequent settlement serve as a cautionary tale for employers relying on automated decision-making processes and artificial intelligence (AI) in their hiring practices. It is crucial for employers to critically assess the use of technology, such as the application software involved in this case, and ensure compliance with applicable employment laws.
The incident with these companies employing English-language tutors may be just the beginning, as more lawsuits of this nature are expected in the future. This highlights the importance of approaching automated hiring systems and AI usage with caution. Employers should prioritize the fair treatment of all applicants, regardless of their age or other protected characteristics, and ensure that their hiring processes are free from any form of discrimination.
If you are unsure about the use of AI in your workplace or need guidance on implementing fair and non-discriminatory hiring practices, it is advisable to consult with an attorney specializing in employment law. Ensuring compliance with applicable laws and regulations will not only protect your company from potentially costly lawsuits but also foster a diverse and inclusive work environment.
In conclusion, this age discrimination lawsuit and its settlement emphasize the need for employers to tread carefully when relying on automated hiring processes and AI. By critically assessing the technology they use and ensuring compliance with employment laws, employers can mitigate the risks of discrimination and promote fairness in their hiring practices.
