EEOC Sanctions Company for Using AI as an Age-Discrimination Tool

It seems that we are hearing constantly about new applications for Artificial Intelligence (AI) programs. Depending the particular situation, this technology might seem useful or frightening. However, a China-based online tutoring operation employed AI as quick, no-cost means of illegally discriminating against older job applicants. 

The Equal Employment Opportunity Commission announced that iTutorGroup, the collective name for three integrated companies providing English lessons to Chinese students, agreed to pay $365,000 in order to settle a lawsuit alleging unlawful age discrimination. While iTutorGroup no longer uses American employees, the company would face additional sanctions if they seek re-enter the employment market here. 

When receiving applications from U.S. residents seeking to work as online tutors, the group utilized an AI program to issue an automatic rejection to any man at least 60 years old and any woman 55 or older. This violated the Age Discrimination in Employment Act (ADEA). Though iTutorGroup is based in China, the control they maintain over the tutors they hire qualify those workers as employees who are protected by U.S. anti-discrimination laws. The company’s attempt to avoid sanctions on the ground that the tutors would only be independent contractors was rejected.

Though AI is a new technology, bias against older workers is a longstanding problem. Unfortunately, job applicants from a legally protected group now have to be concerned about being eliminated by an algorithm before their resume even gets to a human being. Proving this type of discrimination claim can be much tougher as well because AI programs cannot be called to testify in court. Fortunately, one of the iTutorGroup victims suspected that their age might have been used to reject their application without further review. When they re-filed for the job the next day using a date of birth that made them appear to be younger, they were allowed to advance in the hiring process. 

Whether using new methods or old, illegal discrimination on the basis of age and other protected personal characteristics remains prevalent throughout the United States. An experienced attorney from Kardell Law Group can examine the facts in your situation and assess whether a firing or failure to land a job was based on unlawful bias.