SIOP Statement on Potential Disability Discrimination When Using Artificial Intelligence

A TIP article from the September 2022 issue reported on SIOP’s efforts to influence national public policy in the United States. A recent example of such efforts is the official statement from SIOP commenting on the joint initiative by the U.S. Department of Justice (DOJ) and Equal Employment Opportunity Commission (EEOC) to combat discrimination faced by individuals with disabilities (IWDs) when organizational recruitment and selection processes use artificial intelligence (AI). 

The statement focuses on three threats of AI-based technologies for applicants with disabilities:

• threat regarding equitable access to hiring opportunities;
• threat regarding disparate impact against individuals with disabilities;
• threat regarding organizations’ ability to access protected information about applicants without their consent.

SIOP supports the U.S. DOJ and EEOC in efforts to raise awareness of these potential threats and to take a proactive stance in preventing and combating discrimination against IWDs during hiring. The full statement is available here. The statement was drafted by members of SIOP’s Disability Inclusion and Accessibility Committee (DIAC), reviewed by additional SIOP leadership, and revised for publication. 

Former DIAC member and Past President Fred Oswald provided valuable input into the position statement, given his research, practice, and policy involvement in AI-based employment testing. He is chair of the Board on Human-Systems Integration (BOHSI) at the National Academies and a member of the National AI Advisory Committee (NAIAC). Commenting on the SIOP statement, Fred notes,

Providing fair test accommodations for job applicants with disabilities isn’t just the right thing for organizations to do; it is an important part of a broader organizational strategy for improving organizational culture, teamwork, customer service, and performance. The SIOP statement sends a strong and timely message, that issues of fair testing, adverse impact, and data privacy are critically important, yet perhaps even more challenging, for job applicants in today’s era of AI-based employment testing.

DIAC is an ad hoc committee originally formed in 2020 and is part of the SIOP Diversity and Inclusion Portfolio, led by Portfolio Officer Derek Avery. DIAC has worked closely with the Conference Committee to increase accessibility of the SIOP conferences for all attendees, has started a mentoring program, and offered online learning opportunities for SIOP members on issues related to disability. The committee is composed of scientists and practitioners, US and international members, people with a lived experience of a disability and aspiring allies, and people at different career stages. For more information about DIAC, please contact Chairperson Christy Nittrouer at cnittrou@ttu.edu.