Bias and discrimination have been part of the hiring process for as long as hiring processes have existed. Some employers have recently identified a potential solution: hiring done, not by people, but by AI (artificial intelligence.) It’s the perfect answer, right? Who could be more objective and unbiased than a computer? As the federal Equal Employment Opportunity Commission and the Justice Department warned employers recently, using AI in hiring may not be a completely foolproof solution, and employers should proceed with caution lest they violate disability discrimination laws. Whether you were rejected by Mr. Smith, Ms. Jones, or Watson the Computer, if you think your disability played a role in that rejection, you need to get in touch with a knowledgeable New York City disability discrimination lawyer.
The guidance document, which came out earlier this month, was the federal response to employers who have begun using software that deploys algorithms and AI in parts of the new employee selection process. Algorithms and AI might be employed, for example, in administering online tests required of applicants, scoring applicants’ resumes, and making decisions about whether a particular applicant has or has not met the job’s required qualifications.
This all sounds pretty straightforward, so how could it be discriminatory? There actually are many different ways. The guidance document cited the example of an employer using “facial and voice analysis technologies” to evaluate applicants. While seemingly innocuous on the surface, this part of the process could have the effect of rejecting a person with a speech impairment, or a person with autism (whose eye contact and facial expressions might differ from those of non-disabled, neurotypical candidates,) even though those applicants with disabilities actually were qualified for the job.