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Artificial Intelligence and Civil Rights

Artificial intelligence (AI) generally refers to machine-based systems that can make predictions, recommendations, or decisions influencing real or virtual environments. AI technologies are used to complete tasks usually performed by humans. While these emerging technologies may be useful tools, they can also result in unlawful discrimination. The Civil Rights Division is committed to confronting issues that lie at the intersection of AI and civil rights.

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Public Speeches, Statements, and Readouts

On October 9, 2024 the Justice Department’s Civil Rights Division convened principals of federal agency civil rights offices and senior government officials to foster AI and civil rights coordination. This was the fourth such convening by the Civil Rights Division.

Civil Rights Guidance and Other Documents

  • The Civil Rights Division Publishes Guidance for Employers Using Automated Software for Employment Eligibility Verification

On December 1, 2023, the Civil Rights Division issued an employer fact sheet discussing what employers should consider when using private sector commercial or proprietary software and products to electronically complete, modify, or retain the Form I-9.

  • The Civil Rights Division Issues Guidance on Artificial Intelligence and Disability Discrimination in Employment

On May 12, 2022, the Department of Justice released a technical assistance document entitled, “Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring.” The document describes how algorithms and AI can lead to disability discrimination in hiring.

  • The Civil Rights Division Publishes Article on Civil Rights in the Digital Age

In January 2022, the Civil Rights Division published an article entitled, “Civil Rights in the Digital Age: The Intersection of Artificial Intelligence, Employment Decisions, and Protecting Civil Rights.” This article provides an overview of the predominant issues arising from employment practices concerning the use of AI and discusses the work that the Department of Justice and other federal agencies are doing to address those issues in that context.

Cases and Matters

  • On July 25, 2024, the Department of Justice filed a statement of interest in the U.S. District Court for the District of New Hampshire supporting the right of private plaintiffs to bring a lawsuit challenging “Robocalls featuring a voice generated with artificial intelligence [] also known as a ‘deepfake,’” as intimidating, threatening, or coercive in violation of Section 11(b) of the Voting Rights Act.
  • In January 2023, the Department of Justice and the Department of Housing and Urban Development filed a Statement of Interest (SOI) in Louis et al. v. SafeRent et al. to explain the Fair Housing Act’s application to algorithm-based tenant screening systems. The complaint in that case alleged that SafeRent, formerly known as CoreLogic Rental Property Solutions, LLC, provides tenants screening services that discriminate against Black and Hispanic rental applicants who use federally-funded housing choice vouchers to pay all or part of their rent, in violation of the Fair Housing Act and Massachusetts state laws. 
  • In November 2022, the Civil Rights Division filed a consent decree resolving allegations that the Regents of the University of California on behalf of the University of California, Berkeley, failed to provide much of its online content (such as courses, lectures, and conferences) in an accessible manner to individuals with disabilities, including through the use of inaccurate automated captioning technology for people with hearing impairments. On December 2, 2022, the district court approved the decree. Under the decree, among other things, the University will not rely solely on YouTube’s automated AI-based technology and will provide accurate captions for its online content.
  • In June 2022, the Civil Rights Division, along with the U.S. Attorney’s Office for the Southern District of New York, filed a complaint and a proposed settlement agreement in United States v. Meta Platforms, Inc., f/k/a Facebook, Inc. The court signed the settlement agreement on June 26, 2022, and entered the agreement and final judgment on June 27, 2022. The case was referred to the Division from the U.S. Department of Housing and Urban Development (HUD). HUD alleged that Facebook’s advertisement delivery system, which consists of detailed targeting options and a machine-learning algorithm, allowed housing advertisers to exclude certain Facebook users from seeing housing advertisements based upon protected characteristics, such as race and gender or proxies for such characteristics.
  • In June 2022, the Civil Rights Division announced an initial round of settlements with 16 employers that used college and university online recruitment platforms, including Georgia Tech’s platform, to post job advertisements that discriminated against non-U.S. citizens.
  • In December 2021, the Civil Rights Division signed a settlement with Microsoft Corporation that resolved claims of discrimination based on citizenship status against non-U.S. citizens. Specifically, the Division found that Microsoft engaged in a pattern or practice of unfair documentary practices by requesting specific documents using employment eligibility verification software during the initial employment eligibility verification process and during reverification.
  • In August 2021, the Civil Rights Division settled an investigation of Ascension Health Alliance, who engaged in a pattern or practice of unfair documentary practices by improperly programming its employment eligibility verification software to automatically send reverification e-mails to all non-U.S. citizen employees, even when it was not necessary. The Immigration and Nationality Act’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status, or national origin.
Updated February 3, 2025