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OFCCP New Guidance on AI Use for Federal Contractors

The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and development of AI will come under regulatory scrutiny. The latest guidance follows President Biden’s October 30, 2023, Executive Order 14110 calling for agency efforts to mitigate risks related to AI, which mandated the U.S. Department of Labor (DOL) to “publish guidance for federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems.”

In particular, the Executive Order tasked the secretary of labor with promulgating new nondiscrimination guidelines covering the use of AI and other technology-based hiring systems for federal contractors. As the primary subagency within the DOL regulating federal contractor compliance with federal nondiscrimination obligations, the OFCCP was tasked with developing this latest guidance.
 

What You will Learn

- What is the OFCCP and do I have to comply with this new guidance?
- The New Nondiscrimination Guidance
- What are “promising practices” and what do I have to do to comply?
- Providing notice to applicants and employees of the intent to use AI for employment decisions.
- Describing for applicants and employees the types of data that will be captured and used by AI systems.
- Safeguarding applicant and employee privacy while also ensuring transparency on how the AI system contributes to an employment decision.
- Training staff on appropriate uses of AI in employment decisions.
- Monitoring AI systems for adverse impacts on protected classes.
- Creating governance structures for the oversight of AI systems, including the review of their impact and data requirements.
 

Why You Should Attend

While AI and automated systems technologies have the potential to increase efficiency and improve decision-making by federal contractors and other employers, the OFCCP guidance warns that the technologies carry risks of discrimination or bias that could potentially violate laws enforced by the OFCCP.

Attending this session will help to avoid potential issues with the OFCCP and/or the EEOC and ensure that your AI efforts are effective and as free from bias as possible.
 

Who Will Benefit

- All Employers
- OFCCP federal contractors
- Company Leadership
- Compliance professionals
- HR professionals
- Managers
- Supervisors

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