Navigating the Intersection of Innovation and Regulation: OFCCP’s Guidance on Artificial Intelligence for Federal Contractors

Federal contractors are facing a new frontier in the realm of Artificial Intelligence (AI) as they navigate the intersection of innovation and regulation. The Office of Federal Contract Compliance Programs (OFCCP) has released new guidance titled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors” to address the use of AI in employment decisions.

The AI Guide provides answers to common questions and offers “Promising Practices” for federal contractors to consider when utilizing AI in their employment practices. With AI now being integrated into various business systems, including those that inform contractor employment decisions, it is crucial for contractors to understand their obligations and risks when using AI.

OFCCP’s AI Guide emphasizes the importance of transparency, equity, and the elimination of biases in AI systems to prevent adverse employment actions based on race, sex, or ethnicity. Contractors must ensure that their AI systems are properly vetted, employees are trained on the system, and there is meaningful human oversight for any decision supported by AI.

As the landscape of AI continues to evolve, federal contractors must maintain a proactive approach to compliance to effectively leverage the benefits of AI while upholding their commitment to equal opportunity and affirmative action. For more information on the use of AI in employment decisions and federal contractors’ obligations, contact Crowell & Moring.

It is important to note that Crowell & Moring leveraged AI in creating this client alert, showcasing the responsible use of generative AI in the legal sector. The firm’s AI group consists of experienced professionals dedicated to leading by example in the use of AI. For questions about Crowell’s use of AI, contact innovation@crowell.com.