Question: I’m thinking of using Artificial Intelligence to streamline my recruitment process, but I’m not sure where to start. Are there any resources for me to understand this area better?
Answer: Yes. On September 24, 2024, the Department of Labor, in collaboration with the Partnership on Employment & Accessible Technology (PEAT), announced the publication of its AI & Inclusive Hiring Framework website. This website is described as a “framework” that gives employers the tools they need to support the inclusive use of AI in hiring and benefit practices. This framework was created in response to the Biden Administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
AI-powered recruitment and selection tools can streamline the hiring process by identifying potential candidates and screening applicant resumes. However, employers must ensure that their AI hiring tools do not intentionally or unintentionally discriminate against or create barriers for certain protected classes of job seekers. For example, if a recruitment algorithm screens out individuals with a gap in employment, that algorithm could have a disparate impact on individuals who took extended time off due to protected medical conditions.
The new website provides ten “focus areas” for employers to consider to create and maintain non-discriminatory AI hiring procedures:
- Identify legal requirements;
- Establish staff roles;
- Inventory technology;
- Work with vendors;
- Assess impacts;
- Provide accommodations;
- Use explainable AI;
- Ensure human oversight;
- Manage incidents; and
- Monitor regularly.
Employers do not need to implement all ten of these “focus areas” at once. Instead, they are intended as a guide to help employers use AI in their hiring process in an efficient and non-discriminatory manner.
The key takeaways from the “focus areas” are as follows. Employers should assess the AI technology, determine its limitations, and consider how it may help meet legal obligations. Employers should define and assign roles within the workplace to ensure AI is being used with appropriate oversight. Employers should also implement appropriate training procedures to ensure employees are apprised on the use of AI in the hiring process. When working with AI vendors, employers should identify how they intend to use the AI tools and ask about the measures taken to avoid potential unlawful bias in AI tools. Employers should also consider creating policies that clearly explain and standardize how the AI technology is being used and administered. After implementation, employers should regularly monitor the performance of their AI technology. In doing so, they should assess its trustworthiness and evaluate risks related to compliance with applicable laws.
Employers can find the website at https://www.peatworks.org/. The DOL and PEAT recommend that you pace yourself when implementing AI into your hiring practices. Ideally, this can be done in stages based on what makes the most sense for your organization. Employers who have already implemented such tools should review the DOL’s framework to ensure their practices do not create unwanted liability. Employers can work with counsel to monitor any applicable legal developments and ensure that the use of AI in the workplace is both legally compliant and efficient.