Corporations that use artificial intelligence for hiring and employee performance tracking are legally liable for discriminatory outcomes produced by the algorithms, according to a top federal official charged with enforcing workplace laws.
“[A]ddressing algorithmic bias can present a ‘whack-a-mole’ problem, where the new algorithm — re-engineered to have less negative impact on members of one protected group — now has an increased adverse impact on another protected group," scholar Kelly Cahill Timmonsin"Pre-Employment Personality Tests, Algorithmic Bias, and the Americans with Disabilities Act."
For example, an algorithm can be fed intentionally discriminatory information seeking a diversity outcome, downgrading job applicants who meet or do not meet certain criteria — such as age or race — that do not have to do with skill or merit. Likewise, the algorithm can"inherit" discriminatory practices already present at the company and apply them to future applicant pools.
The groups rejected over 200 applicants based on age, according to the EEOC, as they set parameters to reject all females above the age of 55 and all males above the age of 60. "Even when technology automates the discrimination, the employer is still responsible,” EEOC Chairwoman Charlotte Burrows said in a press release about the lawsuit. “This case is an example of why the EEOC recently launched an Artificial Intelligence and Algorithmic Fairness Initiative. Workers facing discrimination from an employer’s use of technology can count on the EEOC to seek remedies.
"These AI programs can truly help companies lawfully meet their goals of diversifying the workforce," Sonderling, who was appointed by former President Donald Trump, told the."However, if they're using these to intentionally get people of certain protected characteristics, age, race, gender, religion, national origin, they cannot be used to intentionally select those people for the jobs.
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