The use of AI technologies in the context of recruiting, interviewing, and hiring activities has emerged as a key area of emphasis for recent AI laws across U.S. states. Business leaders should be in dialogue with their HR and hiring teams to ensure that new legal risks are addressed in the implementation and use of AI tools.
For example, AI tools are quickly emerging that can help sift, sort, and score candidate resumes and cover letters and which purport to save recruiting departments hours of tedious review. Though these may not seem like “cutting edge” applications of AI, even these practices may trigger requirements to, for example, perform AI bias assessments, draft and post notices, and/or perform risk assessments.
In addition to AI-specific hiring laws, such as New York City’s Law 144 and Illinois’ AI Video Interview Act, these technologies could trigger obligations under the Colorado AI Act as a “high-risk” AI system involved in “consequential decisions,” under the CCPA as an “automated decision-making technology” involved in “significant decisions,” and under other state comprehensive privacy laws regulating certain “profiling” activities.
If your business has or plans to deploy AI tools in any aspect of recruiting, interviewing, or hiring technologies or processes, we recommend engaging legal counsel with the AI expertise necessary to assess applicability and to help develop compliance strategies.
