Freeman Mathis & Gary, LLP’s Post

Using artificial intelligence in recruitment can be a risky proposition. The first EEOC settlement over AI bias in hiring highlights how employers should carefully review the questions these tools are asking to ensure that they don’t discriminate against protected classes. The case, which settled in August via a consent decree for $365,000, alleged that iTutorGroup used an AI tool that rejected male applicants over the age of 60 and females over 55. While the defendants denied these allegations, this case serves as a reminder that allegedly discriminatory decisions by hiring tools—regardless of employer intention—can lead to costly legal action. Employers using AI hiring tools must ensure that the questions and data gathered don’t violate antidiscrimination laws, and they must audit their tools to ensure that the tools comply from day one.

March 2024: Next up on our Employment Law Bulletin > AI Hiring Bias Is New Focus of EEOC "The Equal Employment Opportunity Commission's (EEOC) Strategy Enforcement Plan for 2024-2028 published in the Federal Register last year specifically addresses discriminatory recruitment and hiring practices that involve an employer's use of Artificial Intelligence (AI) and machine learning to target, recruit, and screen potential applicants or make hiring decisions." Click the link below to continue reading... https://lnkd.in/efZH_si9 #eeoc #ai #aihiring

Employers Aren’t Necessarily Off the Hook While the ACLU’s complaint with the FTC doesn’t name any employers who might have relied upon these tools, the ACLU is not necessarily letting them off the hook quite yet. While it claims that..... Texas Association of Staffing as well as American Staffing Association are monitoring Texas Bill's that are on the horizon. Join TAS to ensure we strengthen our fight in 2025! #texasbusiness #staffing #AI #texasstaffing

If you are planning to use Artificial Intelligence in recruitment you will want to read this. #AI #Foley #recruitment

The Equal Employment Opportunity Commission (EEOC) recently issued guidance on the use of AI in employee selection processes. The guidance states that using AI-enabled tools that disproportionately eliminate individuals who share a protected characteristic as viable job candidates violates Title VII of the Civil Rights Act of 1964. Employers must demonstrate that the use of such tools is "job related and consistent with business necessity" to avoid violating the Act. This is an important reminder that the use of AI must be carefully evaluated to ensure that it complies with legal requirements. #AIinEmployment #CivilRightsAct #EmploymentLaw

AI is revolutionising recruitment, but are we unintentionally crossing ethical boundaries? Check out this thought-provoking Forbes article on how AI might be changing the recruiting game and potentially violating rules. A must-read for HR professionals and tech enthusiasts alike! 🌐 #AI #RecruitmentInnovation #EthicalAI #ForbesInsights https://lnkd.in/du3tB593

While AI is a great tool for hiring, executives who choose to use it must proceed cautiously. Business Insider reports about reducing bias while utilizing AI in the hiring process. ONe way to do this is by making sure that the AI isn't the only component involved in the hiring process, there has to be oversight by a human. Humans know what to look for in a candidate, AI can just do it more efficiently. The combination of human empathy and understanding with AI efficiency will yield great results in the HR world. What do you think about this technology being used for hiring? Let me know! #AI #Hiring #Bias

Although AI has been hailed as a gamechanger in terms of supporting the recruitment industry, there are also some risks to be aware of. Across the pond and in the EU, laws have already been updated to regulate the use of AI in employment, and there have been calls for the UK to do the same and catch up. The Department for Science, Innovation and Technology (DSIT) has recently published guidance on Responsible AI in recruitment: Guidance, which can be found here 👇 https://buff.ly/3wUxCsz Some of the risks associated with the use of AI in recruitment include: 👉use of personal data, and the way in which it is managed 👉AI bias in the use of algorithms to carry out pre-screening of candidates 👉Consent of how personal data is used Hannah Mahon and Gayle McFarlane, partners at Eversheds Sutherland, state in this article for People Management that while the potential benefits of AI in recruitment are significant, it is important not to overlook the legal framework and the wider evolving landscape around transparency and fairness. This can only be achieved, they say, with a detailed understanding of the technology and how decisions are being made, which in turn requires detailed due diligence at the outset. AI in recruitment: revolutionary or a threat to rights? https://buff.ly/3KmiLKA #AI #recruitment #risk

As #artificial #intelligence (“AI”) #technologies become more ubiquitous and advanced, both the #advantages and potential risks they pose for employers continue to grow as well. This is especially true with regard to the use of generative #AI – that is, AI that can generate original content based on data patterns. This type of AI can produce original images, text, music and designs, among other things. With the rising use of AI, we are seeing a corresponding rise in #legislation, guidance and litigation addressing the use and consequences of AI. One area where this is increasingly common is the employment sphere. AI in the Employment Cycle More and more, #employers are using AI in various aspects of the employment cycle. Recruitment is one of the stages when AI is used most, including through resume screening, video interviews, pre-employment assessment and automated candidate services. During employment, AI may be used in various ways, such as automated employee service, skill development, performance management and in various everyday work tasks. https://lnkd.in/gw2JkArJ #law #lawfirmmarketing #lawnmaintenance #centrik #centriksocial #linkedin #linkedincommunity #linkedinengagement #linkedincontent #article #articlewriting #articles #2024trends #lawfirmmanagement #lawyers #lawyer #lawfirms #lawsuits #LegalEvidence

I’ve got some exciting news for federal contractors navigating the realm of AI in hiring! On April 29, 2024, the OFCCP released comprehensive guidance aimed at ensuring compliance with Equal Employment Opportunity (EEO) obligations when utilizing AI systems for hiring and employment decisions. With the potential for bias and discrimination in AI systems, it's crucial for contractors to adhere to affirmative obligations outlined in the FAQs. These include meticulous record-keeping, ensuring transparency and explainability of AI systems, and conducting thorough due diligence on third-party providers. The guidance underscores OFCCP's commitment to fairness in employment practices and signals increased scrutiny through evaluations and complaint investigations. As we embrace AI's potential in recruitment, let's prioritize fairness and equality. #AI #EEO #OFCCP #HiringPractices