Algorithmic bias in predictive artificial intelligence (AI) tools used in recruiting and human capital management potentially giving rise to violations of Title VII of the Human Rights Law of 1964 or other discrimination laws is an important issue, one that has caught the attention of industry and regulators. Large employers who manage a significant volume of applications increasingly rely on AI predictive algorithms to analyze data and make employment-related suggestions and decisions.

Richard Reice, partner at Messner Reeves.

Yet, caution is urged. The adage of garbage in, garbage out applies to AI. The unconscious biases of AI’s human creators and the more blatant bias embedded in the datasets from which AI learns become part of the algorithmic “thought” process of the AI tool itself. Employers cannot rely on AI tools alone for employee recruitment and management. Proactively mitigating algorithmic bias is not only warranted but, in some forward-thinking jurisdictions, mandatory.

The Law