Automated-Decision Systems (“ADS”) are computational processes that make or assist in employment decisions even if final hiring decisions are made by or include a human component. Today, nine out of ten U.S. employers use these AI-powered tools to screen and rank job applicants — often before any form of human review. A new study analyzing over four million job applications across 150 U.S. employers found these third party AI screening tools used to evaluate candidates are demonstrating significant racial bias, particularly against Black and Asian applicants.1 In total, researchers calculated that had the vendor’s algorithm recommended all racial groups at equal rates, approximately 40,000 additional and otherwise qualified Black and Asian applicants would have advanced in the process.
Because most employers rely on the same few ADS vendors with the same embedded programming, the software is systematically rejecting applicants from all positions applied for. Consequently, for entry-level job seekers — who are already navigating one of the slowest hiring markets in recent years — AI is not only reducing job opportunities, but it is discreetly and systematically blacklisting applicants from the entire market.
California lawmakers are on notice and are moving quickly to hold employers accountable for how these tools are used. This alert focuses on employer use of ADS tools as part of their direct application process. If you are one of the many companies incorporating...
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