Disability Law Journal

This Article explores how Title I of the Americans with Disabilities Act of 1990 (ADA) and Section 503 of the Rehabilitation Act of 1973 interact with artificial intelligence (AI) and employment bias and discrimination against and for people with disabilities. Under these sections, employers are prohibited from discrimination on the basis of disability in the hiring and employment process, yet technology that screens video interviews, applications, and other employee and prospective employee materials demonstrates bias and does not select disabled job candidates. These biases can run afoul of the ADA and raise ethical concerns. People with disabilities face disproportionately high unemployment rates compared to the general population. Technology often improves lives and access to opportunity, but AI has the potential to disrupt gains and progress made to improve the lives of disabled individuals.

Part I of this Article analyzes AI and its relation to the disability rights and disability justice movements. Part II explains hiring biases and technology’s relationship with disability. Part III is a thorough analysis of AI and disability bias in employment under Section 503 of the Rehabilitation Act and Title I of the ADA. The concluding section of this Article offers some reflections on accessibility and equity within the workplace as it concerns people with disabilities and how AI can help, rather than hinder, disability hiring and eliminate bias, rather than continue to perpetuate it.