In 2022, the EEOC examined how resume scanners, video interviews, and computer algorithms were shown to be discriminatory, especially to those protected under the Americans with Disabilities Act (ADA). Video speech analysis, for example, would "screen out" an individual with a speech impediment. In general, the use of automation and algorithms do not provide "reasonable accommodation" for an employee to be treated fairly.
The EEOC is also targeting tools and automated systems that disproportionately impact or discourage certain protected groups from applying. Candidates that are not comfortable with chatbots may be overlooked. An older job seeker may be filtered out from consideration based on graduation date. These examinations are a part of the EEOC's AI and Algorithmic Fairness Initiative to ensure the use of technology complies with the EEOC protections.
See also: How VeriFirst Uses a Human Touch and Technology When Screening
It's important for hiring managers to understand how the tools work and how they might discriminate against certain applicants. Other best practices for relying on technology or automation include:
No employer wants an EEOC lawsuit on their hands, especially when they're being accused of discrimination. Review the guidance and analysis by the EEOC to protect your interests and ensure a fair hiring process.