It seems like artificial intelligence tools for HR are always making headlines and, unfortunately, some recent news has not been good. A recent lawsuit alleges that Workday’s AI-driven applicant screening tools discriminate against job candidates over 40 years old.
In summary, Derek Mobley—a Black man over the age of 40 who self-identifies as having anxiety and depression—sued Workday, alleging its algorithmic tools discriminated against him based on his age, race, and disability. This stems from the fact that he has been rejected from more than 100 jobs he applied to through the tech company’s platform. The court decided that Mobley’s age discrimination claim is plausible under the Age Discrimination in Employment Act. The lawsuit is moving forward and others can file if they have experienced similar discrimination.
Nearly 87% of companies today rely on AI technology for some part of their recruitment and hiring processes. Clearly, news like this puts HR and TA leaders on high alert. And of course, HRO Today has resources to help. Offering great advice and guidance on how to proactively assess tech stacks to mitigate current and future risks is Sarah Smart, an experienced leader in the TA and HR space with stints at Hilton Worldwide, Accenture, and JPMorgan Chase and the current co-founder of HorizonHuman. She says that essentially “HR leaders must become AI experts…. to ensure AI tools are working as intended, free from bias and aligned with ethical and legal standards.” Smart offers specific best practices in What the Mobley v. Workday Case Means for the Future of AI and Fair Hiring.
Melanie Ronen, an employment lawyer and partner at Stradley Ronon, recommends to “regularly perform adverse impact assessments; develop notices to advise applicants or employees that AI is being used; ensure processes exist around requests for accommodations; and foster a culture of transparency.” Read more in Advancing AI Governance.
Wellington Wu, vice president of global talent at Unit4, suggests enlisting an “AI Orchestrator,” a leader to ensure AI is embraced and used properly, since “AI is here to stay, and organizations that invest in the right leadership to make its integration a success will lead the future of business.”
There are several other resources on HROToday.com to help navigate the tricky waters of leveraging automated technologies. Be sure to check them out!
Until next time,
Debbie Bolla
SVP/Editorial Director
