With employers relying more often on artificial intelligence (AI) to help hire new workers, states have begun implementing new laws and regulations to govern how employers can deploy such tools.
"You can expect more city and state regulation of this because they're not going to stand around and wait for the federal government to step in. The states are moving to protect their citizens," Kelly Dobbs Bunting, an attorney with Greenberg Traurig in Philadelphia, told attendees during a concurrent session at the SHRM Annual Conference & Expo 2023 in Las Vegas. "There is a tsunami coming of state regulation."
Some businesses use AI software that scores job candidates based on their facial expressions, vocal intonation, word choice, eye movement and emotional responses during video interviews to determine if they are trustworthy.
There's potential for algorithms in AI software to discriminate against Black people and people with disabilities.
"Maybe somebody's got a speech impediment. Maybe somebody can't hear very well. Maybe somebody's got some sort of visual impairment, so if you're using video to screen applicants, these people aren't going to score very well, and it's unlikely that they are going to be moved on to the next round" of the hiring process, Dobbs Bunting said.
Employers must offer an accommodation or an alternative screening process for applicants with disabilities, she said.
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