By: Kate Donovan
Artificial intelligence (AI) is one of the fastest growing technological trends that is being used to improve the efficiency and accuracy of daily tasks in people’s lives. Recently, it has been implemented in the work force and is used as a tool for companies and organizations to make hiring decisions. This technology allows companies and organizations to depend less on human resource departments and rely more on technological resources like AI. Meanwhile, when organizations are hiring,they use several different methods to find an eligible candidate. The labor that it takes to sift through job applications and narrow down candidates is difficult; but AI can be used to find the right person for the job while screening the differentcandidates. AI screening technologies allow organizations to hire quicker and more efficiently. AI technology can alsoprovide job applicants with detailed feedback about otherpotential job fits moving forward. One problem with using AI in the hiring process is that it can have legal and ethical implications. The reasoning being that the algorithms generatedcan find and use information that is not within the scope of normal hiring processes. This can lead to bias or discriminatoryhiring practices that has a negative impact on candidates.
AI has been defined as “the specialty within computer science that is concerned with creating systems that can replicate human intelligence and problem-solving abilities.” The original idea of AI began in early 1900’s but was not on the map until the 1950’s. Alan Turning developed and published “Computer Machinery Intelligence” which was a form of AI used to measure computer intelligence. Since this breakthroughdifferent research studies, resources, and technological advancements have been pooled together to give AI the prominence it has today. Some examples of AI computer intelligence include language programing, gaming, replication of human like abilities, autonomous vehicle programing, SIRI, Chat GPT, etc. These are just a few ways that AI has altered the technological space.
Over the past few years, AI has been incorporated into 55% of companies as a new way to improve their recruiting and hiring. Within the companies that have been using this technology, 56% report that these tools help relieve some of the burden of the hiring process and find overall better candidates. Some of the ways that AI technology is used in the hiring process can include sorting through resumes, finding the right candidates using specific keywords, determining qualified people, looking at candidate’s social media, deciphering personality tests, and more. A study was done by Pew Research Center in December of 2022 to find out what individuals think about the use of AI in hiring decisions. The results showed that 62% of people think that the use of AI in the workplace will have a major impact over the next 20 years. Companies such as LinkedIn and Microsoft have used AI to find candidates and match them with potential job opportunities or individuals that are hiring. However, when gathering this information there is the fear of bias based on gender, race, and age which has become a concern with using AI in the hiring process.
Some ways that the government has worked to combat these concerns includes updates to employment laws and making sure states are abiding by federal civil rights laws. In 2021, U.S. Equal Employment Opportunity Commission made it a point to ensure that the use of AI in hiring was complying with federal civil rights laws. There are also protections under theAmericans with Disabilities Act that prevent unnecessary information to be shared with employers that could sway their decision making in the hiring process. Normally whenemployers are looking to hire, they do not just get access to asomeone’s personal information such as their familial status, political status, sexual orientation, pregnancy status, or whether they have physical or mental illness. However, the use of AI technology can factor this personal information into the AI generated algorithm and effect their chance of being hired. This sheds light on the real concerns regarding what is beyond the scope of AI and how it can be used in hiring. In 2024, AI will continue to be crucial tool used in hiring but the role of the recruiter is constantly changing. This requires AI technology and people to continue to strengthen new skill sets. There is also the concern around specifically tailored jobs and that fact that AI doesn’t always have the capabilities of determining what candidate is truly the best fit. Therefore, AI in hiring may be more situational and not be fit for every business or company in every scenario.
AI technology within the hiring process is a conduit to dissect through the different candidates and alleviate some of the work that typically takes the most time for human resource departments or employers. There is also the added benefit of receiving feedback based on an applicant’s different traits or information that they have submitted to the company. Applicantscan receive feedback that is more detailed and they may be able to apply for other jobs that are more tailored to their skill sets. One thing that companies have realized since the incorporation of AI is the value that human opinion plays in the hiring process. There is still a lot to be said for the human connection and interview experience between a candidate and an employer. AI helps to streamline this process and make hiring more efficientbut this is not applicable across the board. The hope moving forward is that companies understand the importance of equal opportunity employment and make sure that their screening processes will eliminate bias and discrimination in their hiring. AI machine learning can and often does have bias and it is important that companies do their homework on potential employees before making final decisions. Suggesting that they can use AI in the hiring process as a tool rather than determinative of a person’s eligibility for a certain role.
As a result of the pandemic, there have been drastic changes in the job market and the ways that people are hired, especially with the number of people that are now working from home. These adjustments in the process have sometimes made it difficult for employers to sort through resumes and applicationsand find the right person for a job. AI provides companies with the tools to be more efficient and find candidates that are a good fit for a certain marketed job. People understand the use of AI in hiring does provide efficiency, but it’s important for candidates to have their information evaluated without bias. The connection between employees is also important to companies and they understand AI information is not completely accuratewhen it comes to how people may connect. They want to use AI as resource to narrow the search of candidates. It is important for companies to balance both the technological aspect and the human aspect in hiring to allow for equal opportunity for alltheir potential candidates.
Student Bio: Kate Donovan is a second-year law student at Suffolk University Law School. She is a staff member for the Journal of High Technology Law. Kate received a Bachelor of Arts degree in Political Science and Psychology from Syracuse University in 2021.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
