While recent public attention has largely focused on generative artificial intelligence (AI), the use of AI for recruitment and promotion screening in the employment context is already widespread. It can help HR-professionals make sense of data as the job posting and application process is increasingly conducted online. According to a survey conducted by the Society for Human Resource Management (SHRM),[1] nearly one in four organizations use automation and/or AI to support HR-related activities, such as recruitment, hiring, and promotion decisions, and that number is posed to grow. The same study found that one in four organizations plan to start using, or to increase their use of, automation or AI in recruitment or hiring over the next five years, and one in five organizations plan to start using, or to increase their use of, automation or AI in performance management over the next five years.
AI tools, when used for HR purposes, have the capacity to impact workers at every stage of employment, from applicant screening, performance counseling, promotion, and discipline and discharge decisions. Varying approaches to regulating these tools have emerged. We discussed the proposed No Robot Bosses Act, which would prohibit the use of “Automated Decision Systems” in some cases, and give employees certain opt-out rights. Similarly, we reported on the EEOC’s recent guidance concerning the use of automated systems, with a focus on how use of these tools might violate Title VII.
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