BALTIMORE — With expanded access to and usage of artificial intelligence tools for recruiting and hiring processes, officials are warning of the possibility of employment discrimination that may inadvertently emerge from the utilization of these tools.
The U.S. Equal Employment Opportunity Commission (EEOC) has become increasingly aware of the dangers of these tools, releasing guidance earlier this year regarding the potential for algorithmic decision-making tools to violate Title VII. Title VII applies to all employment practices, and businesses violate the provision when their selection procedures have a disproportionately large negative impact on a particular group.
Employers and businesses are increasingly relying on and using tools that incorporate algorithmic decision-making, including resume scanners, video interviewing software and employee monitoring software.
Title VII prevents businesses from using selection processes and tests that have a disproportionate effect on certain groups, including selection procedures, which applies to algorithmic decision-making tools utilized for decisions about hiring, promotions, and firings.
Even if the algorithmic decision-making tools are created or operated by a third-party software vendor, the EEOC said employers may still be liable and held responsible for these tools and their potential for a disparate impact on certain groups. Thus, it becomes essential for employers to assess the impact of these tools and if their use...
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