As programmers and computer scientists continue to ignore decades of science fiction movies telling us it’s a bad idea that will ultimately lead to robots taking over the world, Artificial Intelligence (AI) is becoming more popular in virtually all walks of life.  This includes the world of Human Resources, where employers are tapping into technology to expedite their employee hiring processes.

The premise is fairly simple: employers utilize algorithmic decision-making at different stages of the hiring process to determine whether a candidate is suitable for employment.  Virtual assistants have the ability to ask candidates questions about their qualifications and make automatic decisions about them, based on pre-defined requirements.

But, as we’ve all become aware over the course of our lives, technology is not always reliable.  While AI can streamline a process for an employer, it also has the ability to overlook qualified candidates, or eliminate candidates from protected classes for pretextual reasons, unknowingly exposing employers to liability.

The Equal Employment Opportunity Commission has, for several years now, shown concern over the use of AI for hiring and employment monitoring purposes, and recently held a public hearing to examine the use of automated systems, such as AI, in employment decisions.  Witnesses during the hearing discussed how discrimination may occur when employers use automated systems and ways in which AI might hinder diversity, equity, inclusion and accessibility efforts.

The EEOC has already launched an “AI and Algorithmic Fairness Initiative,” which is meant to ensure software used in hiring complies with federal civil rights laws.  Even if an employer has no intention of screening out members of protected class, it will not matter when the employer is facing a disparate impact lawsuit showing that its hiring software did exactly that.  Employers must stay vigilant, and ensure any technology they are purchasing for use in hiring or performance monitoring does not put them on the wrong end of a lawsuit.

Even with the increasing difficulty employers experience in finding qualified Human Resources personnel, there is still no bug-free technology substitute for people trained in legal hiring processes.  If you, or your organization, need assistance in hiring or defending a hiring decision, contact Wiley Reber Law, for legal advice that works.