In the past few years, technology has expanded quite a bit. As technology advances, we have to advance our processes to match it. Recently, the EEOC and DOL have noticed a side effect that can cause discrimination when using some types of screening technology. They’ve determined that not compensating for or avoiding this type of discrimination will cause you to fall out of compliance.

What is Happening

Many employers use software or artificial intelligence (AI) to filter through their candidate pool. This may be in the form of prescreening to removed unqualified applicants from the candidate pool or it can be used to test potential candidates on their aptitude in specific areas. Unfortunately, these technologies may be unintentionally programed to ignore or badly score candidates with disabilities. Regardless of your awareness or involvement in this discrimination, you may still be held accountable.

What to Watch For

When choosing a software or AI, it’s important to be careful of a few things. First, make sure you know what it is screening out. For example, if the program filters out applicants that are unable to do a job, it may filter out a blind applicant that would be able to complete the job with a reasonable accommodation. If your AI carries out a pre-interview test, look at how the AI is testing the skill it’s looking for. Some types of tests may be more difficult for individuals with disabilities so they may score lower through no fault of their own.

What to Do

To stop this kind of discrimination, there are things you can do while choosing a software or to supplement a software. First, when choosing a software, you should ensure that the program isn’t filtering out applicants based on their medical records, and instead determine if reasonable accommodations are possible on your own. Leaving this to a program can get you in trouble, so it’s best to determine reasonable accommodations with your expertise. If you choose to use an AI to test for skills, you should also offer reasonable accommodation testing options, so all candidates have an equal chance to perform well on the test. Taking these steps can help you prevent unintentional discrimination through technology.

Our work environments are constantly changing and evolving. We have to be careful to not fall behind on updated compliance laws. If you have any questions about the ADA guidelines, reach out to Helpside at