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Using AI to Assess Job Applicants’ Honesty – A Class-Action Lawsuit
It’s illegal for employers in Massachusetts to use a lie detector to screen job applicants, but what if a company uses artificial intelligence to help assess a candidate’s honesty? Does it fall into the same category as old-school polygraph tests, pinpointing increased perspiration and skittering heart rates? And is it unfair for employers to use machines to help evaluate a person’s integrity? In a recent class-action lawsuit filed against CVS Health Corp. by Milton resident Brendan Baker, he failed to get a job at the Rhode Island-based drugstore chain after completing an AI-assisted video interview conducted using the platform HireVue. The use of artificial intelligence is spreading through the employment landscape, fueling questions about the role emerging technology plays in the workplace, and the potential harm it could cause.
I. Introduction
– The use of AI to assess the honesty of job applicants
– A recent class-action lawsuit filed against CVS Health Corp. for using HireVue
– The questions surrounding the use of artificial intelligence in hiring
II. AI in Hiring
– AI technology in video-interviewing platforms, such as HireVue
– AI to help screen out embellishers and assess a candidate’s integrity
– Use of machine learning to score applicants’ abilities through their transcribed answers
III. Legal Issues
– The illegality of lie detectors in hiring
– Massachusetts law prohibiting all employers from using a polygraph or any other device to “assist in or enable the detection of deception” as a condition of employment.
– The violation of state law by CVS’s use of HireVue’s AI-assisted screening of Massachusetts applicants
IV. Government Action
– Government officials calling for more rigorous testing and regulations on AI in hiring
– US Equal Employment Opportunity Commission urging employers to analyze technology used to make employment decisions to ensure it’s not discriminatory
V. Advantages and Disadvantages of AI in Hiring
– AI can make the hiring process more fair and reduce subjective bias
– The reliability and scientific approach of AI in reviewing skills
– Use of machine learning is only as fair as the data behind it
– AI can be unfair to applicants who need human interaction for the interview process
VI. Conclusion
– AI’s role in hiring is spreading, causing questions regarding hiring ethics and legalities
– Employers need to invest in proper compliance and training
– Concerns over privacy, accuracy, and fairness need to be addressed
FAQ:
1. Is it illegal for employers to use AI to assess job applicants’ integrity?
– It is unclear how laws that have been on the books for decades apply to these technological advances, and the more cases that emerge to test these laws the better.
2. How does AI technology analyze job seekers in a video interview?
– AI technology can analyze facial expressions, eye contact, tone of voice, inflection, and transcribed answers.
3. What is the legality of lie detectors in hiring?
– Federal law has prohibited most private employers from using lie detectors to select employees since 1988, and the Massachusetts law goes even further, forbidding all employers from using a polygraph or any other device, mechanism, or instrument to “assist in or enable the detection of deception” as a condition of employment.
4. What should employers do to avoid concerns over privacy, accuracy, and fairness when using AI in hiring?
– Employers need to invest in the proper compliance and training for AI technology to ensure it is not discriminatory. They also need to be transparent with job candidates about their use of AI in the hiring process.
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