Artificial intelligence (AI) has become commonplace in areas of life where it didn’t used to exist. One of these is the hiring process. Employers sometimes use automated systems to screen resumes. The process will sometimes include scoring applicants, ranking candidates and assisting with interview selections. While it may seem like the AI help would eliminate discrimination and speed up the process, that’s not always the case.
In some cases, the data that’s provided to AI can lead to biases that equate to discrimination against protected groups. In Indiana, employees and applicants have protections against specific forms of discrimination, such as race, religion, color, national origin, sex, age and disabilities.
Bias must be eliminated when AI is used
When an AI hiring tool plays a role in rejecting an applicant or preventing those individuals from advancing in the hiring process, the employer is still held liable if discrimination is present. Because AI systems learn from existing data, the model will pick up on common factors that bind other employees, which introduces bias.
Some common factors that AI models may pick up on include certain schools, neighborhoods, work history or awards. While some of these may be neutral, others may be connected to a protected status.
Even if AI is the reason for employment discrimination, employees and applicants may opt to take legal action on the matter. These cases can be challenging, particularly since AI is such a new area of law. Working with someone who’s familiar with anti-discrimination laws and who can assist with the process might be beneficial for these individuals.
