307: Keith Sonderling, EEOC Commissioner: using AI to make hiring more fair and eliminate human bias

Commissioner Keith Sonderling was confirmed by the U.S. Senate with bipartisan support as a Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) in 2020. Prior to this role, he served as the Acting and Deputy Administrator of the Wage and Hour Division at the U.S. Department of Labor. Before joining the Department of Labor in 2017, Commissioner Sonderling practiced labor and employment law in Florida. He currently lectures on employment discrimination at George Washington University Law School. At the EEOC, he prioritizes ensuring that AI and workplace technologies align with civil rights laws, and he has published extensively on the benefits and risks associated with AI in the workplace.

In this conversation, we discuss:

• Commissioner Keith Sonderling's perspective on how AI is transforming HR and the role of the EEOC in regulating AI technologies in the workplace.
• The potential benefits of AI in reducing bias during employment decisions and its alignment with civil rights laws.
• Challenges in ensuring AI algorithms are designed and used properly to prevent discrimination in hiring and other HR processes.
• The importance of transparency and consent when using AI in hiring and promotion processes, including the emerging state and federal regulations addressing these issues.
• The role of employers in mitigating risks associated with AI by implementing self-regulation and bias audits before deployment.
• The complexities of holding different parties accountable for biased AI decisions, and why employers remain legally responsible for employment outcomes.

Resources

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Eliminating bias in hiring: AI and the Future of Work with Denise Hemke, Chief Product Officer at Checkr

Keith Sonderling’s Paper “Filling the Void: Artificial Intelligence And Private Initiatives”