Adopt the alternative: Under applicable US employment-selection | AIGP
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Adopt the alternative: Under applicable US employment-selection rules, what principle applies?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Easy

Use the equally effective, less discriminatory screen and separately address individual accommodation needs.

The question

A US hospital uses AI to screen applicants for administrative jobs, not to provide clinical advice. The current screen rejects candidates needing a particular accessibility accommodation, while a less discriminatory screen predicts administrative performance equally well. Under applicable US employment-selection rules, what principle applies?

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  1. Adopt the alternative; handle accommodations separately.
    The equally effective, less discriminatory screen should replace the current approach, while individual accommodation requests remain subject to separate handling.
  2. Adopt the alternative without conducting any individual accommodation review.
    The alternative may reduce discriminatory effects, but it does not eliminate the need to address an applicant’s specific disability-related accommodation needs.
  3. Keep the existing screen because it is faster to operate.
    Operational speed does not justify retaining a screen that excludes candidates when an equally effective, less discriminatory alternative exists.
  4. Add clinical review to determine administrative candidate suitability.
    Clinical review is unrelated to the administrative job criterion and does not address either the less-discriminatory alternative or the accommodation issue.
The trap
Do not treat adoption of a better selection method as a substitute for individualized accommodation review.

How to remember it

Use the equally effective, less discriminatory screen and separately address individual accommodation needs.

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