. That’s why one research nonprofit, the AI Now Institute,calledfor the prohibition of such technology in high-stakes decision-making – including job applicant vetting.“[W] hile you ‘re being interviewed, there’s a camera that’s recording you, and it’s recording all of your micro facial expressions and all of the gestures you’re using, the intonation of your voice, and then pattern matching those things that they can detect with their highest performers, ”AI Now Institute co-founder Kate Crawford told Recode’s Kara Swisherearlier this year
. “[It] might sound like a good idea, but think about how you’re basically just hiring people who look like the people you already have.”
Even members of Congress are worried about that technology. In US Sens . Kamala Harris, Elizabeth Warren, and Patty Murray wrote to the Equal Employment Opportunity Commission, the federal agency charged with investigating employment discrimination, asking whether such facial analysis technology could violate (anti-discrimination laws.)despite being one of the first laws to regulate these tools, the Illinois law does not address concerns about bias. No federal legislation explicitly regulates these AI-based hiring systems. Instead, employment lawyers say such AI tools are generally subject to the Uniform Guidelines, employment discrimination standards created by several federal agencies back in 2019 (you can read more about that
) here
The EEOC did not respond to Recode’s multiple requests for comment. Meanwhile, it’s not clear how, under Illinois’ new law, companies like HireVue will go about explaining the characteristics in applicants that its AI considers, given that the company claims that its algorithms can weigh up to tens of thousands of factors ((it says it removes factors that are not predictive of job success).The law also does not explain what an applicant might be entitled to if a company violates one of its provisions. Law firms advising clients on compliance have also
noted
that it’s not clear whether the law applies exclusively to businesses filling a position in Illinois, or just interviews that take place in the state. Neither Illinois State Sen. Iris Martinez nor Illinois Rep. Jaime M. Andrade, legislators who worked on the law, responded to a request for comment by the time of publication.HireVue’s CEO Kevin Parker said in a blog postthat the law “entails very little, if any, change ”Because its platform already complies with GDPR ‘
s principles of transparency, privacy, and the right to be forgotten. “[W] E believe every job interview should be fair and objective, and that candidates should understand how they’re being evaluated. This is fair game, and it’s good for both candidates and companies, ”he wrote in August.A spokesperson for HireVue said the decision to provide an alternative to an AI-based analysis is up to the company that’s hiring, but argued that those alternatives can more time-consuming for candidates. If a candidate believes that a system is biased, the spokesperson said recourse options “are the same as when a candidate believes that any part of the hiring process, or any individual interviewer, was unfairly biased against them.”
Under the new law in Illinois, if you participate in a video interview that uses AI tech, you can ask for your footage to be deleted after the fact. But it’s worth noting that the law appears to still give the company enough time to train its model on the results of your job interview – even if you think the final decision was problematic.
“This gives these AI hiring companies room to continue to learn,” says Rieke. “They’re going to delete the underlying video, but any learning or improvement to their systems they get to keep.”
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