Can AI-Based Hiring Algorithms Get You Into Trouble With the EEOC?
Yes, the U.S. Equal Employment Opportunity Commission (EEOC) is prioritizing enforcement against algorithmic and other tech-related employment discrimination. “Artificial intelligence and algorithmic decision-making tools have great potential to improve our lives, including in the area of employment,” says EEOC Chair Charlotte A. Burrows in 2021. “At the same time, the EEOC is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”
AI and algorithmic hiring innovations might seem like the hot new trend in GovCon recruiting that GovCons and other businesses can use to advance their hiring goals, but they can sometimes bring with them unfortunate-and unavoidable-biases.
In regards to AI hiring algorithms, the EEOC has issued helpful guidance for helping employers avoid violating the Americans with Disabilities Act. One key recommendation from the EEOC is for employers to regularly test and evaluate their AI hiring algorithms to ensure that they are not inadvertently perpetuating biases. This can be done by monitoring the outcomes of the hiring process to ensure that they are not disproportionately excluding certain groups of job candidates. Employers must be continually aware of any biases within their AI hiring algorithm, and work to minimize or counteract these biases where possible.
Employers are also advised to be transparent with job candidates about the use of AI hiring algorithms in the employment process and to allow candidates to challenge any adverse decisions made by the AI hiring algorithms. This can help to build trust and confidence in the recruitment process, and also provide a mechanism for identifying and correcting any biases that may be present in the AI systems.
Automation makes our lives easier, but it brings along with it some unfortunate risks. AI hiring algorithms can be extremely useful, but it’s important to make sure that you’re doing everything possible to ensure that it’s not negatively impacting your hiring process. With the right tools and processes in place, you can ensure that AI-driven recruiting is fair and equitable for everyone and avoid getting in trouble with the EEOC!
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