The head of the U.S. agency responsible for enforcing civil rights in the workplace has raised concerns regarding the utilization of artificial intelligence-driven "bossware" tools that extensively monitor and track the activities, keystrokes, and productivity of employees, emphasizing that such tools can potentially violate discrimination laws.
Charlotte Burrows, Chair of the Equal Employment Opportunity Commission (EEOC), informed The Associated Press that the agency aims to educate employers and technology providers on the implications of using these surveillance tools, as well as AI tools that streamline the assessment of job applicants.
Burrows cautioned that employers must exercise caution in implementing stringent schedule-monitoring algorithms that penalize breaks for pregnant women or Muslims during prayer times. Additionally, she highlighted the importance of ensuring that flawed software does not inadvertently exclude graduates from women's colleges or historically Black colleges, stressing that the EEOC will hold employers accountable and AI cannot serve as a scapegoat when discrimination issues arise.
Burrows stated, "I am not hesitant to utilize our enforcement authority when it becomes necessary. While we seek to collaborate with employers, engaging in discrimination through high-tech means does not grant exemption from civil rights laws."
The federal agency released its most recent guidance on Thursday, addressing the use of automated systems in employment-related decisions, such as hiring and promotions. The guidance provides interpretation and clarification of Title VII, a significant provision of the Civil Rights Act of 1964, which prohibits job discrimination based on race, color, national origin, religion, or sex, encompassing bias against gay, lesbian, and transgender employees.
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