OFCCP announced this morning the release of a new Artificial Intelligence (“AI”) landing page. The landing page, which encourages readers to “check back often for updates” contains links to the Agency’s thoughts about the use of AI in federal contractors’ employment processes. 

Following a link labeled Artificial Intelligence and Equal Employment Opportunity for Federal Contractors the Agency provides ten “frequently asked questions” followed by a list of “promising practices” for the development and use of AI by federal contractors. These practices “while not expressly required, actions contractors may consider to help avoid potential harm to workers and promote trustworthy development and use of AI.” The practices include suggestions on the use of AI in the equal employment opportunity context, obtaining a vendor-created AI system, and accessibility and disability inclusion in the AI space.

This new guidance comes just weeks after OFCCP signed onto a joint statement with other Federal Agencies to protect the public from unlawful bias in automated systems earlier this month.  A link to the joint statement is also available on OFCCP’s AI landing page.

We are in the process of digesting the new FAQs and “promising practices” so stay tuned for additional thoughts and insights.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the…

Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.

Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.

Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.

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