California is considering new regulations on the use of technology or artificial intelligence (AI) to screen job candidates or make other employment decisions. If the regulations become law, California would be the first state to adopt substantive restrictions specifically addressing this emerging, and often misunderstood, technology.
Background
AI generally refers to the development of computer systems and algorithms to perform tasks historically requiring human intelligence. One form or type of AI is machine learning, which refers to the process by which machines use large sets of data to make better and better predictions. Some forms of AI can be used to automate certain aspects of decision-making.
Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, highlighted that nearly a quarter of employers are currently using AI tools as part of their talent and recruitment processes. Indeed, many employers are increasingly using these tools in talent acquisition and recruitment, including to screen resumes, analyze online tests, evaluate an applicant’s facial expressions, body language, word choice, and tone of voice during interviews, and to implement gamified testing.
While this technology has the potential to enhance efficiency and decision-making, some have raised concerns about the potential of these tools to produce biased or discriminatory results, which could trigger issues under state and federal...
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