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EEOC Guidance on AI in Employment Selection

Effective date

Penalty

Title VII: back pay, front pay, compensatory damages up to $300,000, punitive damages, attorneys' fees. ADA: same framework. Each affected individual is a se…

Obligations mapped

6 obligations

Overview

If you are applying for a job or already employed, federal anti-discrimination law protects you from AI tools that unfairly screen you out. If an AI resume screener, video interview analyzer, or assessment tool disproportionately rejects people of a particular race, sex, or age group, the employer can be held liable even if they bought the tool from a vendor. If you have a disability, the employer may need to offer an alternative to any AI assessment that disadvantages you. These are not new laws. They are the existing rules from Title VII and the ADA applied to AI tools.

This is federal enforcement guidance.

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Who this applies to

This regulation applies to the following roles:

  • Deployers and users of covered AI systems and tools
  • United States federal law

This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.

Title VII, 42 U.S.C. 2000e-2; UGESP, 29 C.F.R. 1607.3-1607.5 · 42 U.S.C. 12112(b)(5); 29 C.F.R. 1630.9 and related sections

AI categories covered

  • Employment and hiring

Specific AI use cases:

  • Resume screening and ranking
  • Candidate assessment and scoring
  • Video interview analysis
  • Workforce scheduling and optimization

What this requires you to do

6 obligations identified from statutory analysis.

Title VII, 42 U.S.C. 2000e-2; UGESP, 29 C.F.R. 1607.3-1607.5

42 U.S.C. 2000e-2; 42 U.S.C. 12112; 29 U.S.C. 623

42 U.S.C. 12112(b)(6); 29 C.F.R. 1630.10

42 U.S.C. 12112(d)(2); 29 C.F.R. 1630.13

42 U.S.C. 2000e-2(k); 29 C.F.R. 1607.3(B)

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.

Enforcement and penalties

Title VII: back pay, front pay, compensatory damages up to $300,000, punitive damages, attorneys' fees. ADA: same framework. Each affected individual is a separate claim. No separate EEOC-specific penalty structure.

Private right of action: plaintiffs may bring direct claims in addition to government enforcement.

Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.

Source verification

Verified against enrolled statute text

View source text

Related regulations

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.