Department of Labor Shares Warning on Federal Contractor Usage of AI

The Office of Federal Contract Compliance Programs (OFCCP) is a part of the U.S. Department of Labor. Its primary mission is to ensure that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination. Specifically, the OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws collectively prohibit federal contractors and subcontractors from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.

One of the main functions of the OFCCP is to conduct compliance evaluations and complaint investigations. During these evaluations, the OFCCP assesses whether contractors are adhering to their affirmative action plans and other obligations. These plans are designed to ensure that all qualified individuals have equal opportunities for employment and advancement. Contractors are required to analyze their employment practices, such as hiring, pay, promotions, and terminations, to ensure they are free from discrimination and bias.

In addition to enforcement activities, the OFCCP provides assistance and guidance to contractors to help them understand and comply with their legal obligations. This includes offering training, providing technical assistance, and developing resources and tools for effective compliance. Through these efforts, the OFCCP aims to foster inclusive workplaces where diversity is valued and all employees have the opportunity to succeed.

What about new technologies that are deployed and used by many professionals, like AI?

OFCCP GUIDANCE ON AI USE BY FEDERAL CONTRACTORS

The Department of Labor’s OFCCP office recently provided guidance on the use of artificial intelligence (AI) in employment practices. As AI and machine learning technologies become increasingly prevalent in hiring, promotion, and other employment decisions, the OFCCP’s guidance aims to ensure that these technologies comply with federal equal employment opportunity laws. These regulations are crucial since they protect workers from discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, and veteran status.

One of the primary concerns highlighted by the OFCCP is the potential for AI systems to inadvertently perpetuate or even exacerbate existing biases. For instance, if an AI system is trained on historical data that reflects societal biases, it may continue to make decisions that disadvantage certain groups. To address this, the OFCCP advises federal contractors and subcontractors to regularly audit their AI systems for fairness and bias. This includes evaluating the data sources, algorithms, and decision-making processes to ensure they do not disproportionately impact protected groups.

Moreover, the OFCCP emphasizes the importance of transparency in the use of AI. Employers should be able to explain how their AI systems make decisions and ensure that these systems are interpretable. This transparency not only helps in maintaining compliance with equal employment opportunity laws but also builds trust among employees and applicants. Employers are encouraged to provide training to staff on the ethical use of AI and to implement robust governance frameworks to oversee AI deployment in employment practices.

As always, documentation is key in relation to OFCCP protocol. And we always recommend any use of AI includes human eyes seeing the outputs. By following the OFCCP’s guidance, employers can harness the benefits of AI while promoting a fair and inclusive workplace.