Bias can unfairly influence the hiring process. Sometimes, people working in management or human resources choose not to hire certain types of people based on their own discriminatory preferences.
When prospective employees have proof that a person in a position of authority within an organization considered their protected characteristics when deciding who to hire for a position, they may have grounds for a discrimination lawsuit against the business. Companies shouldn’t consider age, race, religion or other innate characteristics when making hiring decisions.
In recent years, artificial intelligence (AI) tools have become commonplace in hiring. What rights do workers have when AI systems discriminate?
Humans create AI software
AI software is far from infallible. It gleans information from humans who program it and also from content shared online in many cases. Early research into the impact of AI hiring systems has shown warning signs that software can be as discriminatory as humans by unfairly limiting the opportunities of certain groups of applicants.
In some cases, applicants denied opportunities with companies that use AI screening might be able to claim discrimination based on disparate impact. While there may not have been an intention to discriminate, the company’s practices still had more of an impact on one group of people as opposed to others. Discrimination in hiring blocks people from opportunities.
Reviewing suspicions of discrimination and any documentation backing those concerns with an employment law attorney can help frustrated workers explore whether they may have experienced actionable hiring discrimination due to the systems used by a company. A lawyer can help negotiate with employers or take legal action, if necessary, in the pursuit of justice.