Page 47 - Healthcare News July/August 2022

YMCA OF GREATER SPRINGFIELD
TRY THE Y! BRING IN THIS AD FOR A FREE WEEK!
DOWNTOWN SPRINGFIELD YMCA
• New cardio and strength equipment • Attractive, open environment
• New locker rooms
• Steam and sauna rooms
• Group exercise classes including
Cycling, Yoga, Zumba®, Step classes and more!
• Lunch break classes (30 minutes) • Parking included
TOWER SQUARE
1500 Main Street, Springfield, MA 01115 P: 413.739.6951
SCANTIC VALLEY YMCA
• Wellness Center with cardio and strength equipment
• Lap pool and warm water pool
• Gymnasium
• Steam and sauna rooms
• Child Watch and Club House services • Group exercise classes including
Pound®, Yoga, cycling and more!
45 Post Office Park, Wilbraham, MA 01095 P: 413.596.2749
Offer valid for new members only. Financial aid available for those who qualify.
springfieldy.org
JULY/AUGUST 2022 WWW.HEALTHCARENEWS.COM 47
HEALTHCARE LAW
Use with Caution
“
SO
tools to evaluate applicants and employees. The soft- for an individual with ware, which uses artificial intelligence and various a medical condition to algorithms to make decisions, often helps employers be fairly and accurately evaluate more applicants in a shorter period of time, rated by the software or select individuals for interviews, or evaluate current use the software, it may
employees for raises or advancement at the business. But could the use of this software be creating legal
liability for your business? Maybe.
In May, the Equal Employment Opportunity
Commission (EEOC), the federal agency that enforc- es federal anti-discrimination in employment laws, issued guidance to employers, titled “The Ameri- cans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” The guidance addresses three main areas, or ways, in which software-based screening tools may violate the Americans with Dis- abilities Act (ADA), if employers are not careful.
First, the EEOC guidance reminds employers that if their software-based screening tool does not have a
oftware-based Screening Tools May Violate ADA
By AMELIA J. HOLSTROM, Esq. and TREVOR BRICE, Esq.
ver the past several years, employers process for individuals to have turned to various software-based request accommodations recruitment and employment screening that may be necessary
The EEOC warns employers that
violate the ADA. Under
the ADA, employers
are required to provide
reasonable accommoda-
tions to applicants and
employees. For example,
it may be a reasonable ac-
commodation to allow a
visually impaired applicant or employee to be evalu- ated through a non-computer-based screening tool.
AMELIA HOLSTROM
to engage in communications online through texts
and emails. A chatbot might be programmed with an algorithm that rejects all applicants who mention in conversation with the chatbot that they have a gap in
their employment history. If this gap in employment
is due to a medical condi-
tion, then the chatbot may Please see Law, page 59
Second, the EEOC warns employers that without proper safeguards, a software-based screening tool may unintentionally (or intentionally) screen out in- dividuals with disabilities. The EEOC specifically ref- erenced ‘chatbot’ screening tools, which are designed
without proper
safeguards, a
software-based
screening tool may
unintentionally (or
intentionally) screen out individuals with disabilities.”
TREVOR BRICE