The news of various states enacting regulations regarding the use of artificial intelligence in the hiring process has caused shockwaves. Artificial intelligence was supposed to remove many of the biased attitudes regarding race, color, and disabilities. Employment law professionals have been looking into the use of AI because of the bias that exist in many algorithms.
What is the problem with artificial intelligence?
Artificial intelligence uses algorithms to identify candidates for open positions. Employers have begun to use video game-style tests and video interviews to monitor applicant speech patterns. The use of algorithms has increased because of the high level of employee turnover. The consistent turnover of staff for U.S. companies has placed the focus on updating and improving the algorithms used by employers. Older Americans and those with disabilities have been identified as groups that are subjected to employment discrimination.
The government response
The U.S. Justice Department and the Equal Employment Opportunities Commission have joined forces to target the use of algorithms and artificial intelligence in the employment process. The federal government is investigating employment discrimination under the Americans with Disabilities Act. The state regulators believe algorithms are responsible for the violation of civil rights laws and result in employment discrimination.
Algorithms and discrimination
The use of algorithms in the employment sector is widespread in Texas. Several states have outlawed the use of artificial intelligence to screen potential employees. Technology being used to source employees will be subject to a “bias” audit, with fines up to $1,500 per violation.
Discrimination in the workplace remains a problem for Texas state regulators. Recognizing employment discrimination in all its forms is important to protect your right.