AI hiring systems play a crucial role in shaping corporations and in determining who does and does not get to move up professionally.
, alleging that Facebook “selectively shows job advertisements based on users’ gender and age, with older workers far less likely to see ads and women far less likely to see ads for blue-collar positions, especially in industries that historically exclude women.” This is deceptive. Even more, it is unfair to job applicants and employers alike.
The law puts automated hiring systems under the FTC’s purview, but the agency has yet to release specific guidelines on how purveyors of these systems ought to advertise their wares. It should start by requiringto ensure that automated hiring platforms are fulfilling the promises they make to employers. The vendors of these platforms should be obligated to provide clear records of audits demonstrating that their systems reduce bias in employment decisionmaking as advertised.
Also, in collaboration with the EEOC, the FTC could establish the Fair Automated Hiring Mark, which would be used to certify that automated hiring systems have passed the rigorous auditing process. As an imprimatur, the mark would be a useful signal of quality to consumers—both applicants and employers.
The FTC should also allow job applicants, who are consumers of AI-enabled online application systems, to sue under the Federal Credit Report Act . Previously, the FCRA was thought to only apply to the Big Three credit agencies, but a close reading shows that this law can apply whenever a report has been created for any “economic decision.
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