2018 / Raub, McKenzie

Bots, Bias and Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability in Hiring Practices

“With artificial intelligence, we are summoning the demon. You know all those stories where there’s the guy with the pentagram and the holy water and he’s like, yeah, he’s sure he can control the demon? Doesn’t work out.” * 1 While this is perhaps dramatic, many Americans share Elon Musk’s underlying anxieties about artificial intelligence’s increasing proliferation into everyday life.2 However, few realize the depth of artificial intelligence’s involvement in mundane daily activities.3 Fewer than half of Americans are aware of the existence of “computer programs that can review job applications without any human involvement.” 4 Despite this, there are a growing number of companies using algorithms and artificial intelligence to simplify hiring.5 Artificial intelligence developers boast that their programs both streamline and remove bias from recruiting and hiring.6
Artificial intelligence has incredible positive societal potential. For example, predictive algorithms are being utilized to increase efficiency in providing necessary resources to abused children.7 But with that potential for good comes a dark side that cannot be ignored. There is increasing evidence that artificial intelligence is not the unbiased savior it is often heralded to be.8 Without accountability and responsibility, the use of algorithms and artificial intelligence leads to discrimination and unequal access to employment opportunities.9 If employers wish to take advantage of the potential efficiency benefits of using artificial intelligence in hiring, they should use caution in selecting a program, encourage the use of responsible algorithms, and push for long term changes in the lack of racial and gender diversity in the technology industry. 10


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