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The ADA’s equal-opportunity mandate goes beyond making sure that information provided through electronic means is as readily accessible to people with disabilities as it is to those without disabilities. It also means making sure that software and other information technology deployed by employers to aid in the hiring process or to monitor and rate employee performance does not screen out qualified applicants or employees with disabilities or otherwise discriminate against them in violation of Title I of the ADA.
The EEOC and Justice Department both recently published technical assistance documents explaining how some popular software tools, such as interview chatbots, keystroke trackers and algorithms that analyze voice patterns, personality traits or work history, can disadvantage disabled people, and how employers can take proactive steps to guard against such algorithmic discrimination.
The EEOC has also published an ASL video on this topic, as well as a list of tips for employees and applicants.
