Employers routinely strive to find innovative ways to recruit, retain, and manage top talent. Proponents of artificial intelligence (AI) advocate that it can be a powerful tool for such purposes given that AI can be used to collect and analyze massive amounts of candidate and employee data in many different ways and in a fraction of the time needed by human analysts. By way of example, AI may be used in the hiring process to analyze qualifications or mine data from resumes and other submissions by candidates. It also may be used to assess an individual’s perceived fitness for a particular job, including their personality, aptitude, cognitive skills, or other perceived qualities, based on their performance during screening tests, video interviews, or other virtual interactions. AI also may be used to monitor and analyze employees’ working patterns or productivity based on measurable output, including even the most fundamental of activities such as keystrokes. Employers might presume that, because this is data-driven, there is no risk of unlawful discrimination or bias.
As the use of artificial intelligence in employment decisions grows, regulations on the practice will increase as well. Illinois has kicked off these regulations with the Artificial Intelligence Video Interview Act, which requires employers to disclose and job applicants’ consent before using artificial intelligence on candidate videos when used to assess an individual’s fitness …
As technology continues to rapidly evolve, so do hiring and recruiting practices. A number of start-up companies have emerged in recent years offering employers the ability to use artificial intelligence (AI) to screen job candidates and determine their employability. These AI-driven recruiting practices, such as those that use facial and voice recognition technologies, are touted as a means of lowering recruiting costs and eliminating bias in the hiring process. But there is growing concern that the use of AI may threaten a job candidate’s privacy and might result in the inadvertent perpetuation of discriminatory hiring practices.
These concerns and others were raised in a recent complaint filed with the Federal Trade Commission (FTC), urging an investigation into one such company’s business practices. The complaint was filed by the Electronic Privacy Information Center (EPIC), a public interest watchdog located in Washington, D.C. EPIC’s complaint challenges the AI-driven recruiting solutions developed and sold by a company called HireVue, which currently has more than 700 corporate customers that use its technology as part of their hiring process.
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