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DOJ: Algorithms, AI and Disability Discrimination in Hiring

AI-use reference. Live official guidance. Applies to: State/local government employers using hiring or other employment technology; ADA coverage and individual circumstances determine duties. Requirements or purpose: Avoid unlawful disability screening;…

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AI-use reference. Live official guidance. Applies to: State/local government employers using hiring or other employment technology; ADA coverage and individual circumstances determine duties. Requirements or purpose: Avoid unlawful disability screening; evaluate technologies for job-related assessment; provide reasonable accommodations absent undue hardship; avoid prohibited medical/disability inquiries. Employer remains responsible when another company supplies the tool. Limits: The guidance expressly has no force/effect of law and creates no additional duties. Its ADA citations are the legal anchors; not a mandatory universal AI audit or disclosure statute.

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Federal agencies
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Department / subject
AI governance and legal reference
Public body
Federal agencies

Source notes

Official source reviewed October 26, 2026. Informal nonbinding guidance explaining binding ADA duties. Dates/version: Guidance 2022-05-12; underlying ADA independently binding. Locator: How ADA protects; Screening Out; Reasonable Accommodations; footnotes1–7 (42 U.S.C. 12112;29 CFR 1630); final guidance disclaimer. The guidance expressly has no force/effect of law and creates no additional duties. Its ADA citations are the legal anchors; not a mandatory universal AI audit or disclosure statute.

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