by Stephen D. Hans | Apr 24, 2023 | AI (Artificial Intelligence) in the Hiring Process
What employers should know about using AI programs The Equal Employment Opportunity Commission has brought its first case based on (Artificial Intelligence) AI hiring bias against an English language tutoring services company. The two companies that comprise iTutorGroup, Inc. are Shanghai Ping’An Intelligent Education Technology Co., Ltd., and Tutor Group Limited. Details of the EEOC’s Case and Allegations of AI Hiring Bias The EEOC alleged that the AI programming automatically rejects older applicants. They explained that an applicant realized the company rejected them due to discrimination after submitting a second identical application that contained a younger birthdate. The company rejected the first application and offered an interview after receiving the second application. iTutorGroup offers tutoring services to students in China. Each year, the company hires thousands of tutors who live in the United States. The tutors provide online tutoring services from their home to other remote locations. The AI received programming to reject female applicants aged 55 or older and male applicants aged 60 or older. As a result, iTutorGroup denied jobs to more than 200 otherwise qualified, U.S. based applicants due to their age. Actions the EEOC Seeks Against iTutorGroup The EEOC is seeking the following legal actions on behalf of more than 200 applicants the company subjected to age discrimination: Back pay and liquidated damages Strong injunctive relief designed to remedy and prevent future age discrimination Age Bias Violates the ADEA The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against potential employees based on age, which includes discrimination during the hiring process. The EEOC has launched an Artificial Intelligence and Algorithmic Fairness Initiative...
by Stephen D. Hans | Sep 6, 2022 | AI (Artificial Intelligence) in the Hiring Process
Ensure AI isn’t conveying human bias Legal concerns about using AI in the hiring process have merit. As an employer you should be aware of the drawbacks to using artificial intelligence. On the one hand, it can be a terrific tool that helps speed up the process. In a market where employees are in demand, employers are looking for advantages, ways to acquire top talent. The U.S. Bureau of Labor Statistics show employee turnover rates in 2022 have reached a high level. Forbes noted that competing for talented employees has reinforced the use of AI tools. AI driven tools include chatbots, pre-recorded digital interviews and resume screening, to name a few. Employee Bias AI operates based on machine-based learning, which means it imitates intelligent human behavior and doesn’t require specific code instructions to arrive at conclusions. A human being feeds the artificial intelligence information so it can learn to make decisions. Concerns arise that if the data fed to an AI already contains bias, the AI will reach biased conclusions. For this reason, using real historical data when programming an AI can put the employer at risk. A vetting process should exist to ensure the elimination of bias. Screening Concerns AI screening tools for resumes and job applications tend to reject documents containing unfamiliar structure and formatting. They can also prioritize job-related keywords that would permit unqualified candidates to be considered first. An audit of rejected resumes is wise to ensure the screening process does not contain flawed rejections or prioritization. Keeping AI Impartial and Transparent Algorithms may lead to discriminatory practices if based on hiring practices that do...
