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Wednesday, September 23, 2026

Impressing a Robot: EEOC Takes a Byte Out of AI Based Hiring (US) - Employment Law Worldview

Squire Patton Boggs Intern Ruzanna Mirzoyan discusses the EEOC’s focus on artificial employment tools in employment recruitment and hiring decisions.

Job applicants might be surprised to learn that their resume may need to impress an artificial intelligence (“AI”) algorithm before they can score an interview. A significant (and growing) number of employers currently use AI during the hiring and recruiting process. According to a February 2022 survey from the Society for Human Resource Management, about one in four employers use AI or an automated algorithm to help with hiring and recruiting decisions, with larger employers more likely to use AI tools in their hiring process.

Employers rely on various talent acquisition tools, ranging from resume sorting to skills and behavioral assessments. AI screening tools use programs like machine learning and natural language processing to efficiently obtain information from resumes and other application materials. AI can also be used to analyze video interviews by assessing a candidate’s voice and facial expressions to evaluate personality traits. AI allows employers to expedite the hiring process and decrease costs associated with talent acquisition.

Although AI is a cost-effective strategy to screen a large volume of applications, the Equal Employment Opportunity Commission (“EEOC”) has expressed concern over AI algorithms integrating discriminatory hiring practices. The concern with AI algorithms surfaced in 2021, with an agency...



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