Will AI Lead to More Discrimination in the Hiring Process?

Artificial intelligence is transforming the hiring landscape, promising selection efficiency and precision. However, as these AI-driven tools become more prevalent in recruitment, concerns about their potential to perpetuate or even amplify discrimination also grow. These algorithms, trained on historical data, may unknowingly embed existing biases, raising red flags for job seekers.

Employees need to understand these risks to protect their rights. This blog is intended to inform you about how AI systems are used in hiring processes and the legal protections available against discrimination. Awareness and proactive measures can empower you to challenge unfair practices if necessary. 

Understanding AI in Hiring

Artificial intelligence in hiring encompasses a range of technologies designed to streamline the recruitment process:

• Resume screening software: AI scans and evaluates resumes based on keywords and other predefined criteria, allowing for quick sorting of large applicant pools.
• Automated interview platforms: These systems conduct initial interviews using pre-set questions and analyze responses based on specific metrics, such as language use and facial expressions.

These tools, and others like predictive analytics, assist employers in identifying the most suitable candidates more efficiently than traditional methods. Despite their potential for efficiency, these AI tools also bring the challenge of ensuring fairness. 

Notably, algorithms can unintentionally favor or discriminate against certain groups if they are not carefully monitored and adjusted. For example, a system trained primarily on data from past successful candidates might overlook qualified applicants from diverse backgrounds, perpetuating existing biases.

Potential Risks for Discrimination

The integration of AI into hiring practices, while innovative, carries significant risks for discrimination that can undermine workplace diversity and fairness. Here’s how AI systems may inadvertently lead to biased outcomes:

• Historical bias replication: AI models often learn from existing data, which may include historical hiring biases. AI could perpetuate these trends if past recruitment practices were biased against certain demographics.
• Opaque decision-making: Many AI tools operate as “black boxes” with opaque decision-making processes. This lack of clarity can make it difficult to identify and correct biases.
• Inadequate diversity in training data: If the data used to train AI systems lacks diversity, the AI is less likely to recommend diverse candidates, potentially sidelining qualified individuals from underrepresented groups.
• Misinterpretation of non-traditional profiles: AI might need help to properly evaluate candidates with non-traditional career paths or varied experiences, unfairly disadvantaging them in the hiring process.

These risks highlight the need for vigilance and ongoing evaluation of AI hiring tools. Employers must regularly audit their AI systems for fairness and accuracy to ensure they serve all candidates equitably. 

Employees, on their part, can turn to an experienced employment law attorney with knowledge and resources to challenge any discrepancies they encounter.

AI Versus the Law

Employees facing discrimination in AI-driven hiring processes are protected under several legal frameworks. These include federal laws, such as the Equal Employment Opportunity Commission (EEOC) guidelines, the Americans with Disabilities Act (ADA), and specific state laws in places like New York.

The EEOC guidelines ensure that hiring practices, regardless of whether they involve AI, comply with non-discriminatory standards set by laws like Title VII of the Civil Rights Act. This act prohibits employment discrimination based on race, color, religion, sex, or national origin. Similarly, the ADA protects candidates with disabilities, requiring employers to provide reasonable accommodations and avoid discrimination in hiring decisions.

New York State Laws

In addition to federal regulations, New York has robust anti-discrimination laws that further safeguard candidates. For instance, the New York State Human Rights Law extends protections to include factors not explicitly covered under federal law.

These laws collectively create a legal obligation for employers to ensure their AI tools do not result in discriminatory outcomes. Employers must rigorously test and monitor their AI systems to comply with these legal standards, providing a fair hiring process for all candidates.

Protecting Yourself From AI Hiring Tools

Employees can take proactive steps to protect their rights against potential discrimination in AI-driven hiring processes. Awareness and understanding of both the technology and the legal landscape are critical. Here are actionable steps employees can take:

• Stay informed: Keep up-to-date on how AI is being used in hiring. Knowing the types of technologies and their implications can help identify potential issues.
• Document everything: In cases where AI tools are used in hiring, document all interactions and communications. This record can be crucial if you need to challenge a decision.
• Seek legal advice: Consult with an employment lawyer at Lipsky Lowe if you suspect discrimination. They can offer guidance and help navigate the complexities of filing a claim.

AI hiring tools may be here to stay, but you should not forfeit your rights during the hiring process. Talk to an employment lawyer if you suspect unfair bias or discrimination in a resume or another job screening tool has harmed your job prospects.