Can AI Discriminate?

A class action lawsuit has been permitted by a federal court against a provider of HR technology – recruiting software – because their artificial intelligence (AI) product is alleged to discriminate on the basis of age. Efforts are underway to develop legislation/regulations to prevent such discrimination by automated products. Laws are already in place in Colorado, Illinois and New York City, and more are on the way. The technology is developing rapidly, and enforcement is trying to catch up. Existing products already include resume scanners, automated questionnaires, video interviewing tools and testing software. Employer using or considering the use of AI-assisted tools are cautioned to be very vigilant about possible sources of bias in those they are considering because they, not the vendor, are likely to be held liable for any discrimination. One important precaution is to use human judgement along with AI, not just AI alone.

One important thing to remember is that AI is NOT always correct. A number of law firms have found themselves in trouble for using case examples generated by AI that turned out to be inaccurate or even complete fabrications. Therefore, AI-produced results should be verified before implementation, including in HR-related activities.