Background
In EEOC v iTutorGroup, the Equal Employment Opportunity Commission brought an action under the Age Discrimination in Employment Act (ADEA) alleging that iTutorGroup’s online recruitment software automatically rejected female applicants aged 55 or older and male applicants aged 60 or older. The parties resolved the case through a consent decree, under which iTutorGroup agreed to pay USD 365,000 in relief and implement injunctive measures, including eliminating age-based screening criteria and revising its hiring systems.
AI interaction
‘Defendants, their managers, officers, agents, and any other Person acting on behalf of any Defendant, are hereby enjoined from rejecting Tutor Applicants age 40 or over because of age … [and] from screening Tutor Applicants based on age; and … requesting dates of birth for Tutor Applicants before a job offer is made.’ The injunction directly restricts algorithmic or automated screening practices that differentiate by age, making this one of the first judicially-approved settlements targeting bias within AI-driven recruitment systems and affirming that anti-discrimination laws fully apply to automated decision tools.
Note: The Consent Decree (filed 9 August 2023) provides detailed injunctive terms and is accessible here. The case stands as an early enforcement precedent confirming that the use of automated tools in employment decisions does not exempt employers from anti-discrimination obligations under U.S. law.