Due to the continuing effects of COVID-19, many businesses have been forced to move their recruiting and interview process entirely online. This has accelerated the adoption of Artificial Intelligence (A.I.) and other data-driven tools as part of the hiring process, tools that a burgeoning group of employers were using even before the pandemic. Advocates argue that A.I. speeds up the hiring process and eliminates human bias and subjectivity. However, without proper vetting and analysis, these tools can actually introduce bias into the process, and expose employers to liability. This article explores the ways in which A.I. has been used during the hiring process and the expanding legal framework in which these tools must operate, and identifies potential pitfalls for employers.

Increased Use of A.I. in Hiring

The use of computer processing power in the screening and hiring process is not new, but the simple text searches of yesteryear have yielded to more complex algorithms that touch every stage of recruiting. Companies such as LinkedIn Recruiter use A.I. to search the social media profiles of millions of individuals to determine the "best" audience for job postings, in an attempt to preemptively circumvent applicants without the required job specifications.