Automated Bias: What Employers Need to Know Before Adopting AI/ML Technology

AI and ML Jobs


Massive layoffs and job cuts will be announced in the US at the end of 2022, and further volatility in the labor market is expected in 2023. In an uncertain job market, employers are leveraging technology to continue streamlining the recruiting, hiring, and promotion process. – These technologies are often based on algorithmic models that rapidly analyze massive data sets to rank candidates for employment or job performance indicators to recommend promotions. First round interviews may be conducted by AI-assisted chatbots or fully automated video interviews.

Artificial intelligence (“AI”) and machine learning (“ML”) tools (broadly defined to include models that process datasets to detect patterns and make recommendations) Its use in the context of employment is nothing new. What is new, however, is the growing realization that AI, ML, and automated tools can perpetuate biases based on race, gender, or other protected class status. For example, a recent Equal Employment Opportunity Commission (“EEOC”) enforcement action against iTutorGroup allowed the company to comply with the Age Discrimination in Employment Act (ADEA) by automatically rejecting candidates who entered dates on its recruitment platform. alleging that it discriminated against older candidates in violation of Your date of birth is beyond a certain year.



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