Between 2022-23, charges filed with the EEOC related to hiring increased by 25% across key areas of discrimination, demonstrating a steady rise in employment discrimination cases since 2020.
AI has the potential to enable more objective and efficient hiring practices and can help organizations mitigate biases by focusing solely on analyzing candidates based on how well their skills fit the job description.
Employers should adopt compliant AI hiring practices despite regulatory uncertainty, as biases already exist in human-driven processes, and HR must strive for equitable hiring with a focus on skills-based decision-making.
To promote fairness, AI should be used to complement human decision-making, not replace it, and organizations should regularly conduct audits to ensure AI systems are being used appropriately.
HR departments should pay attention to societal issues, popular practices and relevant news to mitigate biases and better apply laws and regulations to HR-related decisions.
The former EEOC commissioner recommends not letting regulatory uncertainty around AI deter organizations from adopting it. Instead, companies should comply with the already existing laws, evolve with the times, and stay informed as labor and technology evolve.
HR departments can leverage AI-based solutions like conversational analytics to create a transparent record of fair employment decisions — something that is more challenging with human-based processes and increasing discrimination claims.
The increasing number of discrimination cases over the past few years demonstrates that employers must take compliant hiring practices seriously and leverage AI to help mitigate biases.
HR departments must strike a balance between human and AI processes to achieve ideal outcomes that benefit both employers and candidates. They should use AI to complement human decision-making and to promote a skills-based approach.
Organizations should conduct adverse impact studies to identify and mitigate AI-related issues that may disproportionately affect protected classes and conduct regular audits to confirm that AI systems are being used appropriately.