In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring process.1 Employers can take advantage of a growing range of AI-based methods of talent assessment, which includes AI-driven review of resumes, algorithm-based reviews of applicants’ responses to test questions, and algorithmic analysis of applicants’ publicly available social media content. A growing number of employers are turning to yet another talent assessment tool: AI-powered video-interview platforms that apply algorithms to video-recorded interviews to facilitate an employer’s assessment of an applicant.
Articles Discussing The Hiring Process.
What’s in a Name? Stamping Out Bias in Employment Screening Processes
Implicit bias in the workplace can start as early as the application process. A key study conducted by National Bureau of Economic Research found that significantly fewer employers responded to resumes listing stereotypically “black-sounding” names than resumes including similar qualifications but listing “white-sounding names.” Job advertisements might include words or phrases that – by accident or design – tend to draw applicants of a certain race or gender. How can employers recognize these unconscious biases in hiring and take steps to address them? In this podcast, Cindy-Ann Thomas, Littler Principal and Co-Chair of the firm’s EEO and Diversity and Inclusion practice group, discusses these issues with Littler Shareholder Jeffrey Hanslick and Amy Peterson, Director of Parker and Lynch and Ajilon professional search firm.
Enhancing the “Human” in “Human Resources” – How AI Can Unlock Talent and Eliminate Bias
In this podcast, Aaron Crews, Littler’s Chief Data Analytics Officer, discusses potential uses for AI in supporting HR decisionmaking with Athena Karp, the CEO and cofounder of HiredScore. They explore ways that technology – such as explainable algorithms – can serve employers by improving the effectiveness and transparency of processes for companies and other stakeholders, including candidates. They also address how organizations can structure, validate and verify their data and data training to prevent bias from sneaking into AI-driven analysis.
FDIC Loosens Restrictions on Hiring Bank Personnel with Criminal Histories
The Federal Deposit Insurance Corporation (FDIC) recently published its final rule on modifications to the Statement of Policy (SOP) for Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829 (“Section 19”), which will ease certain hiring requirements for banking industry employers.1
State Attorneys General Step Up Antitrust Probes of Franchise Industry Hiring Practices
In the midst of a federal effort to ramp up antitrust prosecutions of companies agreeing not to recruit or hire each other’s employees (see previous articles dated November 9, 2016, January 25, 2018, April 25, 2018 and July 17, 2018), special scrutiny – and criticism – has been directed toward the use of no-poach agreements in the franchise industry. State Attorneys General now lead the fight to limit the practice, and early indications suggest that their efforts are already producing results.
Pennsylvania Federal Court Rules Philadelphia Salary Inquiry Ban Violates First Amendment
The U.S. District Court for the Eastern District of Pennsylvania has struck down a Philadelphia ordinance prohibiting employers from inquiring about job applicants’ salary histories, on the grounds that such a restriction violates the First Amendment right to free speech.
Ring in the New Year by Ensuring Compliance with New Salary Inquiry Bans
In recent months, several states and localities have passed laws and ordinances banning inquiries into an applicant’s prior compensation, including in California, Massachusetts, Delaware, New York City, Oregon, Puerto Rico, San Francisco, and Philadelphia. There are similar laws currently under consideration in a number of other states, and this topic is bound to be a key focus for lawmakers in 2018.
Emerging Laws Prohibit Employers from Inquiring About Past Pay Histories
Executive Summary: Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender wage gap, four U.S. states, three cities, and the territory of Puerto Rico have recently passed laws that impose even stricter equal pay obligations on employers. These “past pay privacy” laws prohibit employers from seeking certain information about job applicants’ historical salaries. Without exception, these laws are gender-neutral. Thus, they aim to stop lower wages from following both women and minority workers in their professional careers and stop wage disparities from perpetuating in the United States labor market.
Legal Alert: Employers Must Be Prepared to Use Revised FCRA Forms Beginning January 1, 2013
Executive Summary: Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA).