Using AI to recruit? You're legally responsible for the bot's bias, EEOC says

Monday, June 26, 2023

David Barron was quoted in Employee Benefit News discussing how the EEOC recently warned employers that using algorithmic decision-making tools for hiring strategies could potentially violate existing civil rights laws. "What the EEOC is trying to make clear is that the anti-discrimination laws apply to adverse employment decisions whether it's made by a human being or a computer. It's not a defense to say that a human being didn't make the decision — the law applies broadly," said David. According to Zippia, 65% of recruiters use AI tools. "If there's some sort of AI system that is set up to either take over or assist with any of these hiring functions, the employer has a duty to make sure that that entire system can accommodate someone with a disability. It's hard to design tools that are flexible enough to satisfy that," he said.

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