Payroll and human resource offices adopting artificial intelligence in their employment practices should be aware of the associated limitations and legal risks, a commissioner of the Equal Employment Opportunity Commission said May 12. AI is a form of technology that mimics humans by learning, reasoning, and problem-solving with a high level of autonomy, said Keith Sonderling, an EEOC commissioner. Payroll and human resource offices have slowly been adopting AI over the past few years to make their employment processes more efficient. "AI has been involved in the decision-making stage of the job life cycle for years," he said. "AI writes job descriptions, screens resumes, chats with applicants, conducts job interviews, and then predicts if an employee will accept an offer. There's even AI that will predict how much money an employee will take for a job and how new employees will interact with their coworkers."

Circa is excited to welcome Keith E. Sonderling, Commissioner, U.S. Equal Employment Opportunity Commission (EEOC) at 11 a.m. Circa collaborates with industry experts to provide monthly educational webinars focused on trends in, diversity, equity, and inclusion in the workplace, talent acquisition, and OFCCP compliance. One of the trends that continues to be seen for talent acquisition is redefining what top talent looks like as well as where and how employers are sourcing that talent. Employers are looking for new technologies and many are turning to AI to not only help with recruitment and retention but also to ensure they are making efficient and effective decisions. While AI has been around for a while, many employers still have some fear and unease with the use of AI because of the uncertainty of how it is used in the marketplace today.

The use of artificial intelligence ("AI") and machine learning in the workplace is growing exponentially – and specifically in hiring. Over the last two decades, web-based applications and questionnaires have made paper applications nearly obsolete. As employers seek to streamline recruitment and control costs, they have jumped to use computer-based screening tools such as "chatbots" to communicate with job applicants, to schedule interviews, ask screening questions, and even conduct video conference interviews and presentations in the selection process. Employers of all sizes are creating their own systems, or hiring vendors who will design and implement keyword searches, predictive algorithms and even facial recognition algorithms to find the best-suited candidates. The algorithms in these computer models make inferences from data about people, including their identities, their demographic attributes, their preferences, and their likely future behaviors.

Earlier this month, the Equal Employment Opportunity Commission (EEOC) held a webinar on artificial intelligence (AI) in the workplace. Commissioner Keith Sonderling explained that the EEOC is monitoring employers' use of such technology in the workplace to ensure compliance with anti-discrimination laws. The agency recognizes the potential for AI to mitigate unlawful human bias, but is wary of rapid, undisciplined implementation that may perpetuate or accelerate such bias. Sonderling remarked that the EEOC may use Commissioner charges--agency-initiated investigations unconnected to an employee's charge of discrimination--to ensure employers' are not using AI in an unlawful manner, particularly under the rubric of disparate impact claims. The EEOC's interest in this topic is not new.

Artificial intelligence tools in hiring have so far remained unregulated by U.S. civil rights agencies, despite growing use and potential discrimination risks. One EEOC official wants that to change. "What is unfair is if there are enforcement actions or litigation, both from the government and from the private sector, against those who are using the technologies, and the federal agency responsible for administering the laws has said nothing," Keith Sonderling, a Republican commissioner on the U.S. Equal Employment Opportunity Commission, told Bloomberg Law in an exclusive interview. The use of artificial intelligence for recruitment, resume screening, automated video interviews, and other employment tasks has for years been on the radar of federal regulators and lawmakers, as workers began filing allegations of AI-related discrimination to the EEOC. Attorneys have warned that bias litigation could soon be on the horizon.