Tracking AI Compliance in HR

Trigger: Creation or receipt of employment records, applications, or automated-decision system data dealing with employment practices[cite: 1].

Timing: Preserved for a period of four years from the date of creation of the record or the personnel action involved, whichever is later[cite: 1].

Source: § 11013(c)

Any personnel or other employment records made or kept created or received by any employer or other covered entity dealing with any employment practice and affecting any employment benefit of any applicant or employee (including all applications, personnel, membership or employment referral records or files) shall be preserved by the employer or other covered entity for a period of twefour years from the date of the making of the record or the date of the personnel action involved, whichever occurs later. This includes all applications, personnel records, membership records, employment referral records, selection criteria, automated-decision system data, and other records created or received by the employer or other covered entity dealing with any employment practice and affecting any employment benefit of any applicant or employee[cite: 1].

Trigger: When evaluating, reviewing, or defending an employment selection claim or affirmative defence under the Act[cite: 1].

Timing: Proactive context[cite: 1].

Source: § 11009(f)

Relevant to any such claim or available defense is evidence, or the lack of evidence, of anti-bias testing or similar proactive efforts to avoid unlawful discrimination, including the quality, efficacy, recency, and scope of such effort, the results of such testing or other effort, and the response to the results[cite: 1].

Trigger: Use of an automated-decision system that screens, ranks, or measures an applicant's skills, dexterity, reaction time, speech patterns, facial expressions, or physical traits[cite: 1].

Timing: Prior to or during test administration and selection stages[cite: 1].

Source: § 11016(c)(5), § 11016(d)(1)

The use of an automated-decision system that, for example, measures an applicant's skill, dexterity, reaction time, and/or other abilities or characteristics may discriminate against individuals with certain disabilities or other characteristics protected under the Act. To avoid unlawful discrimination, an employer or other covered entity may need to provide reasonable accommodation to an applicant as required by Article 8 (religious creed) or Article 9 (disability) of these regulations[cite: 1].