The use of artificial intelligence in hiring, recruitment, resume screening, automated video interviews, and other employment decisions is on the rise despite its potential for discrimination. Employers who rely on this technology should be cautious of any potential tools that can result in a discriminatory impact lawsuit before these programs are rolled out.
For example, this technology was thought to make hiring decisions more efficient by pre-screening candidates that do not meet the job qualifications. However, an artificial intelligence tool that screens resumes for immediate past experiences may lead to bias against women entering the workforce after raising children. This could result in a potential class-based discrimination claim for using tools that have a bias against a protected class.
This is just one example of many potential instances of discrimination caused by the improper use of AI. If you have any questions concerning the use of artificial intelligence in employment decisions, please do not hesitate to contact our team of professionals.
Rafael E. Lázaro is a founding member of Lázaro Law Group, LLC. With a particular emphasis on sexual harassment, Mr. Lázaro has dedicated his career to improving the workplace.