TABB INC. Pre-Employment Screening’s Post

Are you utilizing an AI platform that claims it can detect candidate’s lack of truthfulness and credibility? Next up in our never-ending series on AI - Recruiting and Litigation: CVS is facing a class action lawsuit relating to AI lie detection resulting from video-interview technology. AI is everywhere, however buyer beware. Some AI software providers claim their product has the ability to analyze video conferences and determine a candidate’s credibility. Sounds great, doesn’t it? The only problem is that a class action lawsuit claims that at least in this case, AI lie detection violates federal and state law when used in the employment process. Use of lie detector tests during the hiring process is prohibited in Massachusetts and many other states. Lie detector results are inadmissible in criminal court cases due to accuracy issues. The complaint states that the AI software platform utilized by CVS advertises that it has the "potential to provide the ability to scale your lie detection, screen out embellishers, and home in on those who are actually a fit for the role." Whoops. Maybe they should leave “lie detection” out of marketing materials. Where was the legal review by the AI company providing this service? Was this service approved by upper levels of HR management at CVS? If yes, who will be fired. If not, this is another example for large corporations failure to audit processes and procedures. Could there be unintentional bias in AI lie detection platforms as well? Massachusetts law states: “[A]ny test utilizing a polygraph or any other device, mechanism, instrument or written examination, which is operated, or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.” Pretty straightforward. It may be illegal in your state as well. Regardless, federal Employee Polygraph Protection Act prohibits the utilization of lie detecting tests either for pre-employment and current employee screening. There are hundreds, if not thousands, of AI hiring platforms. Like anything else, some are probably ethical and others are not. Please review a potential AI platform with an employment law specialist before implementing a process. Doing so probably would have saved CVS a substantial amount of money. To follow me, please click: Barb J. Wyskowski, J.D. #AI #compliance #backgroundscreening #recruiting #HackingHR #DisruptHR #LinkedInforRecuiters #recruiter

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