State of AI Policy and Regulations in Employment Decisions
(Merve Hickok)[1]
(Original Policy Briefing published at Center for AI & Digital Policy — CAIDP)
Use of algorithmic tools in employment decisions, such as recruitment, termination, and promotion, is a topic gathering more attention in policy, regulatory and professional circles globally. Since the beginning of 2021, several international organizations, regulatory agencies, and local governments have passed legislation, drafted regulatory frameworks, or published warnings and guidance documents related to these systems. Some artificial intelligence (AI) and automated decision-making systems are used by employers to reach a wider pool of candidates, engage with previously passive candidates, and hence increase the diversity and opportunity for better hires. The tools which are of most concern and under the microscope for the current regulatory efforts, on the other hand, are those used to narrow down the number of applicants through the hiring process. In other words, the systems which are used to rank, score, classify, rate, recommend, match, or analyze a candidate against a job description and may result in a candidate being rejected from the process. Employers use these systems to screen resumes, analyze language and facial expressions during video interviews, and implement tests or games to assess personality traits…
