EEOC, DOJ Warn Artificial Intelligence in Employment Decisions Might Violate ADA

The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), on May 12, 2022, issued guidance advising employers that the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions could result in unlawful discrimination against applicants and employees with disabilities.

The new technical assistance from the EEOC highlights issues the agency thinks employers should consider to ensure such tools are not used to treat job applicants and employees in ways that the agency says might constitute unlawful discrimination under the Americans with Disabilities Act (ADA). The DOJ jointly issued similar guidance to employers under its authority. Further, the EEOC provided a summary document designed for use by employees and job applicants, identifying potential issues and laying out steps employees and applicants can take to raise concerns.

The EEOC identified three “primary concerns":
  • “Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;
  • Without proper safeguards, workers with disabilities may be ‘screened out’ from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and
  • If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.”

Tips to Connect With a Vanishing Workforce

In 2015, 32% of U.S. businesses had difficulty finding talent. In February 2020, 70% of businesses reported a talent shortage. Today, millions of jobs remain unfilled. According to the U.S. Bureau of Labor Statistics, in October 2021 there were over 11 million Americans not working due to the pandemic.

Many potential workers remain unseen by commonly used recruiting processes. This may include individuals caring for children or older adults, people with mental health challenges and people previously incarcerated. There are unemployed and underemployed individuals eager to get a job or increase their working hours. There also are former employees missing from the workplace who are not currently working and not actively seeking work. These individuals could be convinced to reenter the workforce if presented with the right opportunities.

In this challenging environment, employers must rethink old strategies and practices to meet today's demands.

Find expert guidance from Karen Shannon, VP of Business Consulting, at one of the links below:

DOL Issues Guidance on FMLA and Mental Health Conditions
The Wage and Hour Division of the U.S. Department of Labor (DOL) has released new resources on workers’ rights to leave under the federal Family and Medical Leave Act (FMLA) for mental health conditions. In a press release, the DOL said the publication of the new guidance was in recognition of Mental Health Awareness month.

The new guidance includes:

Frequently asked questions (FAQs) on the FMLA’s mental health provisions

An eligible employee may take FMLA leave for their own serious health condition or to care for a spouse, child or parent because of their serious health condition.

EEO-1 Deadline for 2021 Workforce Data

Mandated under Title VII of the Civil Rights Act, the EEO-1 Report is an annual survey that requires certain employers to submit information about their workforces by race or ethnicity, gender and job categories by March 31 every year. The EEOC uses the collected data to enforce Title VII’s prohibitions against employment discrimination based on race, color, religion, national origin or sex.
In general, a private sector employer is subject to EEO-1 reporting if it:
  • Has 100 or more employees;  
  • Has 15-99 employees and is part of a group of employers with 100 or more employees; or
  • Is a federal contractor with 50 or more employees and a contract of $50,000 or more.

The new deadline for 2021 submissions is June 21, 2022. According to the EEOC, no additional 2021 EEO-1 reports will be accepted after that date.

Older Americans -
Untapped Potential

Older Americans left the workplace in disproportionate numbers during the pandemic largely due to the ongoing health crisis, heavy job losses, and overall economic downturn. By October 2021, the percentage of long-term unemployed jobseekers ages 55 and older was 41.2% (compared to 32.2% for ages 16 to 54). When attempting to reenter the workforce, many of these workers face several barriers to hiring, including employers’ reluctance to hire workers who have gaps in their resumes.

At the April 2022 EEOC HIRE event “Untapped Potential: Reimagining Equity for Workers with Gaps in Employment History,” experts highlighted viable skills that underrepresented workers can offer to prospective employers. For older workers, these typically include skills enhanced by years of experience, such as specialized industry knowledge, sound judgment, coaching or mentoring, and relationship-building.

It is our great privilege to announce that our Human Resources Consulting team has been awarded the 2022 Innovative HR Teams award by Human Resources Director! 

An excerpt from the award submission is below:

"Over the past year, Ollis/Akers/Arney's Human Resources Consulting team has been called upon to help in guiding other organizations, big and small, as they address the challenging landscape of dealing with a pandemic, helping to establish processes, compliance protocol, internal and external communications, and all other forms of best practices into their daily business routines. Their passion is to educate and equip the business community to fully understand the intrinsic value of each team member, to position them to achieve the optimal level of success while developing them and the organization(s) they are a part of into a highly collaborative and productive partnership. The inclusive manner in which they approach each relationship leaves every individual feeling as if they are uniquely gifted to serve in whatever capacity they are inspired to be a part of. Their true power is lifting up those around them to become better versions of themselves.

The Human Resources Consulting team exemplify that rare mix of caring business leaders and career-whisperers that we all wish we had known at least once in our lifetime."

More information can be found by going to:

their BEST IN HR landing page
the Innovative HR Teams award info, and our specific team page with our SuperStar HR Team featured on there!! 

Please join us in congratulating Karen Shannon, Carolyn O'Kelley, Kenya Pearman and Holly Loven on being awarded the 2022 Innovative HR Team!
Encore Presentation of Our Most Popular Training Session
Targeted Selection Behavioral-Based Interviewing
Thursday/Friday - July 21 & 22, 2022

Specific interviewing techniques, particularly behavior-based interviewing, have been found to have a substantial impact on the results of hiring. Interviewing for motivational fit, related to organizational culture and core values, further increases the likelihood of successfully aligning talent to the needs of your organization.

Contact Us

HR Hotline

Karen Shannon
Vice President Business Consulting/CHRO
417-881-8333, ext. 133

Carolyn O'Kelley
Human Resources Consultant
417-881-8333, ext. 126

Kenya Pearman
Human Resources Consultant
417-881-8333, ext. 125

Holly Loven
Human Resources Generalist
417-881-8333, ext. 124

Visit our Human Resources page at