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The EEOC is scrutinizing AI hiring technology—Make sure your business is ready

October 2023 employment law letter
Authors: 
Shannon S. Pierce, Fennemore Law

The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses—seeking to lower hiring costs and also reduce potential discrimination claims (by taking human discretion out of certain aspects of the hiring process)—have turned to AI to handle functions such as locating talent, screening applicants, performing skills-based tests, and even administering certain phases of the pre-hire interview process. But discrimination can still occur, even with the use of AI, and the U.S. Equal Employment Opportunity Commission (EEOC) has indicated AI-based discrimination will be a top priority.

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