Bias, Bots, and Boundaries: Practical Tips for Avoiding Liability in AI Recruiting

AGG Employment attorneys Ashley Kelly and Lindsey Locke co-authored an article for HR Daily Advisor examining employer liability when artificial intelligence (“AI”) tools are used in recruiting and hiring.

As shown in Mobley v. Workday, Inc., a federal case alleging that an AI-based applicant-screening system discriminated based on race, age, and disability, legal scrutiny can occur when automated tools influence employment decisions. Ashley and Lindsey emphasized that Title VII, the Age Discrimination in Employment Act (“ADEA”), and the Americans with Disabilities Act (“ADA”) continue to apply when technology helps source, screen, rank, assess, or reject applicants.

To reduce exposure, Ashley and Lindsey recommend employers:

• Keep an inventory of all AI use;
• Conduct meaningful vendor diligence;
• Build accessibility into the process;
• Keep a human in the loop; and
• Test, monitor, and document AI tool use.

“Employers that understand their AI tools and incorporate appropriate compliance measures before problems arise will be better positioned to take advantage of the technology while managing the legal risks that come with it,” said Ashley and Lindsey.

To read the full article, please click here.