Federal authorities issue warning about discrimination in hiring

On Behalf of | May 24, 2022 | Race Discrimination |

When applicants apply for new jobs in Indiana, they may have to complete online questionnaires. They may, too, have to take online personality tests to help determine if they might be a good fit for the position. Many businesses are increasingly relying on artificial intelligence when making hiring decisions. Yet, federal authorities are now examining businesses they suspect are using algorithms in hiring that may discriminate against certain applicants.

Per Wired, researchers, lawyers and equity advocates are among those voicing concerns about how the use of AI for hiring practices by businesses may have them running afoul of the Americans with Disabilities Act. Some allege that certain types of AI hiring software may also screen against applicants with ethnic-sounding names.

How hiring software may be discriminatory

Research shows that some types of hiring software automatically eliminate candidates who have disabilities. Some types of software may also eliminate those who may have trouble using the software the company uses to screen applicants. Research also indicates that some forms of hiring software screen out applicants who might not be able to use a traditional keyboard to communicate.

What federal agencies are doing

In response to ongoing allegations of discrimination in AI hiring practices, the U.S. Department of Justice and the U.S. Equal Employment Opportunity Commission are warning businesses about staying on the right side of the law. The agencies are also issuing new guidance about what companies should do to ensure their AI hiring practices are not in violation of the Americans with Disabilities Act.

The number of unemployed Americans with disabilities is twice that of the general population. Unemployment is also high among Americans with disabilities involving mental health.


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