Legal Developments Around the Use of Artificial Intelligence in Hiring and Assessing


Summary

Today, a variety of artificial intelligence (AI) employment assessment tools are available to assist employers with nearly every stage of the hiring cycle, from recruiting and assessing job candidates to measuring the performance of current employees. There is AI software designed to screen applications and prioritize resumes based on key phrases relevant to the job, and to monitor and assign scores to employees based on their typing speed. Equal Employment Opportunity Commission, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees (May 12, 2022) (hereinafter EEOC Guidance). There is AI software to find and recruit job candidates whose skills match a job posting, Gary D. Friedman & Thomas McCarthy, Employment Law Red Flags in the Use of Artificial Intelligence in Hiring, Bus. Law Today (ABA Oct. 1, 2020); to evaluate job applicants' and current employees' skills and potential through game-based ...