The rapid adoption of artificial intelligence (AI) in recruitment has significantly transformed hiring practices. From automating candidate screening processes to using sophisticated algorithms to assess skills, AI promises to make hiring more efficient and potentially more objective. However, this technological shift is not without its challenges. As AI increasingly influences critical decisions in recruitment, important legal questions arise, particularly regarding bias, discrimination, transparency and accountability. This article explores the legal considerations surrounding the use of AI in hiring, focusing on emerging regulations, key risks for employers, and strategies to mitigate potential liabilities.

The Growing Use of AI in Hiring

AI is now a key tool in modern recruitment, offering companies the ability to streamline the hiring process, enhance candidate experience, and reduce the time and costs associated with traditional recruiting methods. Common applications of AI in hiring include:

  • Resume Screening: AI can scan resumes and applications to shortlist candidates based on predefined criteria, significantly speeding up the process of candidate selection.
  • Chatbots: AI-driven chatbots engage with candidates by answering basic queries, guiding them through the application process, and scheduling interviews.
  • Video Interviews with AI Analysis: AI-powered tools analyze candidates' facial expressions, tone of voice, and word choice during video interviews to assess attributes such as communication skills and emotional intelligence.
  • Predictive Analytics: AI systems can predict the potential success of a candidate by analyzing data from resumes, social media profiles, and past performance to assess their fit with the company's requirements.

While these technologies have the potential to eliminate some biases inherent in human decision-making, they also introduce new risks, like, among other things, biases within the AI software itself. As AI systems learn from historical data, there is concern that these tools may perpetuate or even exacerbate discriminatory practices.