So following our recent post on proposed new regulations it’s not just the EU that is looking askance at the potential risks of artificial intelligence in recruitment. From across the pond comes news that the US Department of Justice has warned employers to take steps to ensure that the use of AI in recruitment does not disadvantage disabled job candidates, or else face the pain of breaching the Americans with Disabilities Act. The ADA already requires US employers to make the equivalent of the UK’s reasonable adjustments to allow disabled candidates to take part fairly in the recruitment process. However, both the ADA and the Equality Act were conceived well before the widespread use of AI in recruitment. Consequently, there is concern that automated decision-making originally designed to reduce the scope for subjectivity and bias may actually create new disadvantages for candidates with disabilities, usually by screening out individuals who, by reason of their medical conditions, do not match the “ideals” which the algorithm is looking for.
By way of example only, a candidate whose disability limits his manual dexterity or visual acuity may have difficulties in completing a screen/keyboard-based test or application or in handling any required interactions with a chatbot, especially under time pressure. He would therefore be put at a disadvantage by the AI even though the role being applied for might not include material keyboard use or alternative technologies could be...
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