AI and the ADA
The article expresses concern that using AI in this way might violate the Americans with Disabilities Act (ADA). Key points related to the ADA include:
1. Dementia is recognized as a disability under the ADA.
2. The U.S. Equal Employment Opportunity Commission (EEOC) may consider AI assessments as "medical examinations."
3. The ADA prohibits requiring job applicants to undergo medical examinations before a conditional job offer is made.
4. After a conditional offer, medical examinations are allowed, but the results cannot be used to disqualify the candidate unless they are unable to perform essential job functions.
5. It is generally a violation of the ADA to discriminate against an individual based on the potential future development of a medical condition.
6. Employers cannot require current employees to undergo medical examinations unless it is job-related and necessary for business purposes.
7. Asking about potential future medical conditions without a legal reason could violate the ADA.
The article concludes that while AI could be helpful in diagnosing conditions or recommending accommodations, using it to predict future medical issues in employment decisions might lead to legal trouble under the ADA. What do you think about AI being used in this way—should it be embraced for its potential benefits, or are the risks too significant?