New York City Could Move to Automated Hiring Process

A new proposal could regulate the automated hiring process in New York City. As a result of the law, employers utilizing an algorithm would need to disclose if they used software in the hiring process.

Additionally, software sellers would need to conduct a yearly audit that would ensure there is no inadvertent illegal discrimination. Also subject to evaluation are post-hiring software programs used to determine compensation and other things.

Opposition to the New Law Cites Sabotage of Good Faith Hiring Efforts

Many believe the law would prevent problems that many employers don’t even realize are happening, but there is opposition to the passage of the law. Some civil rights groups believe the audit process would permit software perpetuating discrimination to get away with it. Another group believes the law could hinder a true effort to overcome a reluctance to hire from within a specific demographic.

Some supporters of these laws are concerned and believe the law needs some “tweaking” before implementation. There is a call to better define the auditing requirement. But most agree that knowing about the use of artificial intelligence or AI technology makes the bill important enough to pass in its current form.

Another criticism is the ability of the city to afford the auditing process. Some believe the industry could self-regulate, while others believe there’s a need for third-party evaluation.

AI Replicating Human Bias Fails to Remedy the Problem

The concern about the software came from the realization that algorithms sometimes replicate human biases.

Amazon already eliminated the use of a tool it used to filter resumes it found to be discriminatory against women.

The new bill would not eliminate the use of software and algorithms in the hiring process. Instead, it would require companies to disclose that the use of these programs and for the programs to undergo annual analysis. The bill is part of a multi-level effort to better monitor and control software used to make life-changing decisions.

Two other instances of this include New York City, San Francisco, and other cities banning facial recognition software in cities and New York State implementing a two-year moratorium on facial recognition tech in schools.

At the federal level, some lawmakers are asking for regulation of facial recognition programs and other automation tools.

Several senators asked the Equal Employment Opportunity Commission (EEOC) to police AI hiring tools due to fears related to racial discrimination and economic recovery. Two states – Maryland and Illinois – now require consent before using video analysis with job applicants.

The ultimate goals of these proposals include avoiding bias in hiring and other practices. Additionally, they ensure awareness of human and automated evaluation.

To learn more about how AI is used in the hiring process, check out this article from Innovation & Tech Today.

Did You Experience Discrimination in the Hiring Process?

Job applicants should understand that employers do not have a right to discriminate against them based on their status in a protected class. Employers can be discerning and choose one applicant over another based on qualifications. However, these qualifications cannot be linked to things like race, gender, sexual orientation, or other similar factors.

If you believe you’ve experienced discrimination during the hiring process, we can help. For more information or to discuss your situation, contact Borrelli & Associates, P.L.L.C to schedule a free consultation.