HR Tip: New EEOC Guidance and New DOL Posters

EEOC guidance on using AI in selection process

The 12-page guidance makes clear that employers are responsible under Title VII when deploying artificial intelligence (AI) decision-making tools to assist with hiring, promotion, termination, and other employment-related actions, even if they are administered by another entity. The document explains the four-fifths rule to assess whether a selection procedure has an adverse impact on a particular protected group and how it applies to the use of algorithmic decision-making tools. It also provides a series of questions and answers to help employers understand how to use AI without running afoul of the law.

EEOC updates COVID accommodations technical assistance

Updates to the COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” alert employers that they cannot automatically terminate reasonable accommodations provided during the pandemic, although the COVID-19 public health emergency is over. It also includes common examples of accommodations for workers with Long COVID and tips about dealing with COVID-related harassment of applicants or employees with a disability-related need to continue wearing a face mask or take other COVID-19 precautions at work.

DOL publishes new FLSA and FMLA posters

The updated Fair Labor Standards Act (FLSA) minimum wage poster reflects covered employers’ new lactation accommodation obligations under the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. A redesigned Family and Medical Leave Act (FMLA) poster clarifies certain procedural aspects of the FMLA, including pay, notification of eligibility, certification from healthcare providers, and job assignment when leave ends. The DOL website notes that the April 2016 and February 2013 versions of the FMLA poster still fulfill posting requirements, but it is a best practice to post the new poster.

For more information on guidelines and how we can help you, schedule a meeting today.