As the world continues to become more digital, recruiting and HRIS software have become commonplace in the world of human resources and recruiting. While it can be tempting for overworked human resource and recruiting teams to lean on tools that promise to write job descriptions, screen candidate resumes, schedule interviews, and find the perfect candidate, HR professionals should exercise caution before diving in headfirst. There is also a risk of potential bias and discrimination. While it is unlikely that an employer would intentionally use an AI program to illegally discriminate against a group of job applicants, system limitations could lead to unintentional employment law issues. Because AI software is only as good as the data and algorithms that it uses, therefore exercising caution is a must for those who wish to employ the software.
In addition, AI tools that evaluate candidates based on their word choice or expressions could unlawfully discriminate against applicants with a disability or other protected status. For instance, voice recognition programs utilized to screen oral interviews might not be attuned to sort through speech impediments, native accents, or nervous-sounding answers caused by mental impairments.
1. Seek advice from counsel before implementing a program based on the use of AI software. Advice from counsel will help to determine the associated risk with implementing artificial intelligence software and will also offer insight into the laws applicable to the state or states of operation for your business.
2. Take steps to ensure there are appropriate systems in place to prevent unauthorized access to personal data and develop regular audit protocols for these systems to review cybersecurity procedures regularly.
3. Openly communicate with candidates regarding the organization’s use of AI if it is going to be used in the recruitment and/or hiring process. The best practice would be to provide a detailed policy of how AI will be used in the process as well as obtain a signed consent from the candidate stating they’re aware of and consent to the use of AI in their recruitment process.
4. Ensure that the AI does not present any discriminatory barriers to hiring. This includes working with the third-party vendors providing the AI technology to understand the algorithms used in the software, auditing the system before it is deployed and periodically after it is in use, and developing internal processes to assess and remedy any biases that may develop throughout the implementation process.
5. Provide accommodation to employees who wish to opt out of the use of AI software or for those who may need a disability accommodation under the ADA.
6. Consult the current state and federal laws related to AI and frequently monitor for developing legislation to ensure compliance with applicable law.
With any new technology, employers should exercise caution when deciding to employ the technology. Taking the time to understand the implications and consequences of possibly biased software before implantation may save organizations from future legal headaches and lawsuits.
6 Things to Consider Before Using Artificial Intelligence Recruiting Tools © 2023 by Laura Jackson is licensed under CC BY-NC-ND 4.0