In the context of the growing trend by many companies to use various forms of artificial intelligence to more quickly review applications, interview candidates, and make employment decisions in an effort to hire and retain talented workers, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) recently issued two sets of new frequently asked questions (FAQs) reminding federal contractors that tools that utilize artificial intelligence in selection practices can trigger a company’s obligations under the “Uniform Guidelines on Employee Selection Procedures,” commonly referred to as the “Uniform Guidelines.”

The two sets of FAQs, one under the heading Validation of Employee Selection Procedures and the other under the heading Practical Significance in EEO Analysis, are available online at here and here.

According to OFCCP, “the purpose of these FAQs is to provide clarifying and educational information about what constitutes a selection procedure that is subject to

[the Uniform Guidelines], how OFCCP identifies selection disparities, and how OFCCP investigates and reviews matters related to adverse impact caused by employee selection procedures.”

While OFCCP’s new FAQs do not break new ground or establish any new requirements, they nonetheless serve as a timely reminder that the federal government, and OFCCP in particular, continue to aggressively pursue discrimination claims involving employment tests and other selection procedures, and that the use of artificial intelligence will not necessarily alleviate employers’ obligations in this space (in fact, it may increase them).

Members of the Center for Workplace Compliance (CWC) can read more here.