A Lawyer’s Guide to Using AI in HR
Understanding if using AI in HR decisions violate federal law
Evolution of artificial intelligence (AI) is changing all facets of business—including how employers interact with applicants and employees. Many companies are expanding their use of AI in human resource (HR) procedures for hiring, evaluation, promotion and even termination decisions, through résumé-screening software, chatbots for hiring and workflow, video interviewing software, productivity analysis and other data analysis algorithms to predict "job fit," "culture fit" or potential success.
While proponents of AI may argue that the technology can streamline processes, help to match candidates with the right roles, reduce (or even eliminate) bias in employment decisions, and promote diversity and inclusion, the use of AI programs in employment decisions is not without risk.
The federal agency in charge of enforcing anti-discrimination statutes, the Equal Employment Opportunity Commission (EEOC), is scrutinizing the use of AI in HR decision-making through its Artificial Intelligence and Algorithmic Fairness Initiative, which recently issued a technical assistance document titled Assessing Adverse Impact in Software, Algorithms and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964. This technical assistance joins their prior guidance on AI and the Americans with Disabilities Act. Through these documents, there are several key takeaways that all employers should keep top of mind when expanding the use of AI in HR decision-making.
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