New guidance from the US Equal Employment Opportunity Commission makes it crystal clear that AI-powered recruitment tools which employers believe will save time and effort and decrease bias – can and do the exact opposite.
The most common ways that an employer’s use of algorithmic decision-making tools could violate the Americans with Disabilities Act-(ADA) which means they will trigger legal, ethical and reputation risks in any jurisdiction – include:
• The employer does not provide the “reasonable accommodation” that are necessary if a job applicant or employee is to be rated fairly and accurately by the algorithm
• The employer relies on an algorithmic decision-making tool that intentionally or unintentionally “screens out” an individual with a disability, even though that individual can do the job with or without a reasonable accommodation.
• The employer adopts an algorithmic decision-making tool for use with its job applicants or employees that violates the ADA’s restrictions on disability-related inquiries and medical examinations.
This paper, which we believe to be the first and only example of a national Equality and Human Rights body beginning to address AI powered disability bias and discrimination in the workplace as a priority, is an important read.