Many businesses use artificial intelligence (“AI”), algorithms, software, and other forms of technology to make employment-related decisions. Employers now have an array of computer-based tools at their disposal to assist them in hiring employees, monitoring job performance, determining pay or promotions, and establishing the terms and conditions of employment. As such, many employers rely on different types of software that incorporate algorithmic decision-making and AI at a variety of stages of the employment process.
For example, some employers use resume scanners that prioritize applications using certain keywords, and some use video interviewing software to evaluate candidates based on their facial expressions and speech patterns. Further, some employers use “virtual assistants” or “chatbots” that ask job candidates about their qualifications and reject those who do not meet pre-defined requirements. In addition, some employers use testing software that create “job fit” scores for applicants or employees regarding their personalities, aptitudes, cognitive skills, or perceived “cultural fit.” Others use employee-monitoring software that rates employees based on their keystrokes or other task-based factors. Employers may use these tools in a benign attempt to be more efficient, increase objectivity, or decrease the potential effects of implicit bias. However, the use of these tools may inadvertently disadvantage job applicants and employees with...
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