Continuing its efforts towards becoming a 21st century data analytics agency, during the last week of October, 2021, U.S. Equal Employment Opportunity Commission (EEOC) Chair Charlotte A. Burrows announced a new EEOC initiative on artificial intelligence and algorithmic fairness.

This new initiative is aimed at ensuring that artificial intelligence and other emerging tools and technologies used by employers in hiring and in a multitude of other employment related decisions comply with federal civil rights laws.

By closely examining how these developing technologies are developed and utilized by employers, this initiative may lead to agency guidance for applicants, employees, employers, as well as technology developers and vendors alike in furtherance of the principles of fairness, consistency with federal equal employment opportunity laws and regulations, as well as the prevention and elimination of biases arising from the use of algorithms and artificial intelligence.

Specifically, with this new initiative the EEOC anticipates:

  • Creating a new internal working group responsible for coordinating the agency’s work on the initiative;
  • Gathering information regarding the development, adaptation, and impact of these technologies;
  • Conducting a series of informational listening sessions with key stakeholders about these emerging technologies and their actual/potential implications on matters of employment;
  • Identify practices and methodologies that seem likely to satisfy the EEOC’s objectives and the requirements of federal employment laws within its enforcement jurisdiction; and ultimately,
  • Provide technical assistance and guidance on using algorithms and artificial intelligence.

As a firm, Jackson Lewis and its Data Analytics Group strive to remain at the forefront of these technologies and their regulation and enforcement by state and federal agencies, and will be sure to follow this new initiative and the EEOC’s ongoing work regarding the use and implementation of data-driven applications in employment.

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Photo of Eric J. Felsberg Eric J. Felsberg

Eric J. Felsberg is a Principal in the Long Island, New York, office of Jackson Lewis P.C. and the National Director of JL Data Analytics Group.

As the National Director of JL Data Analytics Group, Mr. Felsberg leads a team of multi-disciplinary lawyers…

Eric J. Felsberg is a Principal in the Long Island, New York, office of Jackson Lewis P.C. and the National Director of JL Data Analytics Group.

As the National Director of JL Data Analytics Group, Mr. Felsberg leads a team of multi-disciplinary lawyers, statisticians, data scientists, and analysts with decades of experience managing the interplay of data analytics and the law. Under Mr. Felsberg’s leadership, the Data Analytics Group applies proprietary algorithms and state-of-the-art modeling techniques to help employers evaluate risk and drive legal strategy. In addition to other services, the team offers talent analytics for recruitment, workforce management and equity and policy assessments through predictive modeling, partners with employers in the design of data-driven solutions that comply with applicable workplace law, manages and synthesizes large data sets from myriad sources into analyzable formats, provides compliance assessment and litigation support services including damage calculations, risk assessments, and selection decision analyses, and offers strategic labor relations assistance including determination of long term costs of collective bargaining agreements, review of compliance with collectively bargained compensation plans and assessment of the efficacy of training programs. The JL Data Analytics Group designs its service delivery models to maximize the protections afforded by the attorney-client and other privileges.

Mr. Felsberg also provides training and daily counsel to employers in various industries on day-to-day employment issues and the range of federal, state, and local affirmative action compliance obligations. Mr. Felsberg works closely with employers to prepare affirmative action plans for submission to the Office of Federal Contract Compliance Programs (OFCCP) during which he analyzes and investigates personnel selection and compensation systems. Mr. Felsberg has successfully represented employers during OFCCP compliance reviews, OFCCP individual complaint investigations, and in matters involving OFCCP claims of class-based discrimination. He regularly evaluates and counsels employers regarding compensation systems both proactively as well as in response to complaints and enforcement actions.

Mr. Felsberg is an accomplished and recognized speaker on issues of workplace analytics and affirmative action compliance.

While at Hofstra University School of Law, Mr. Felsberg served as the Editor-in-Chief of the Hofstra Labor & Employment Law Journal.