OFCCP Guidance Expands Federal Scrutiny of Artificial Intelligence Use by Employers

K&L Gates – OFCCP’s Guidance is part of the federal government’s ongoing effort to address employers’ growing use of AI when making employment decisions.1 Among other things, the Guidance establishes new record keeping requirements, asserts contractor liability for the actions of AI providers and describes the analysis that will be applied for determining whether AI practices have a disparate impact on protected groups.