Abstract
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.
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About the Author
Diagnosed with autism at the age of three, Haley Moss’ parents were told that she might not ever finish high school or earn a driver’s license. Today, she is a neurodiversity expert, keynote speaker, educator, lawyer, and the author of several books that guide neurodivergent individuals through professional and personal challenges. Haley is a consultant to top corporations and nonprofits that seek her guidance in creating an inclusive workplace, and she is a sought-after commentator on disability rights and the Americans With Disabilities Act.
Haley Moss earned her law degree from the University of Miami School of Law and was admitted to the Florida Bar in 2019. She is the recipient of awards and honors including the Forbes 30 Under 30 Local (2023), American Bar Association Solo, Small Firm, and General Practice Division’s Breaking Barriers Award (2021), D-30 Disability Impact List (2021), Road Less Traveled Award from Ms. JD (2020), Outstanding Self-Advocate Award from University of Miami — Nova Southeastern University Center for Autism & Related Disabilities (2018), and Publix Self-Advocate of the Year from the Palm Beach County Special Needs Advisory Coalition (2018).
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