America's first law regulating AI bias in hiring takes effect

Re:America's first law regulating AI bias in hiring takes ef... by humanistbot on Sunday July 09, 2023 @12:05PM (#36655665)

The idea is that you keep your webcam on your face while you fill out the application for identity verification, to make sure it is actually the applicant. But if you think that's bad, the hot new thing in these hiring startups is that you have to record yourself answering interview questions with some chatbot interviewer, and then some black box model scores it to give you all kinds of psychometric astrology even worse than Myers Briggs. Except it's a bunch of AI snake oil, and as the article says, you get different personality scores if you put on a headscarf or glasses.

In the US, it is illegal per the EEOC, which has barely any resources to actually enforce the law: "Similarly, employers should not ask for a photograph of an applicant. If needed for identification purposes, a photograph may be obtained after an offer of employment is made and accepted." [1]

[1] https://www.eeoc.gov/prohibited-employment-policiespractices

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Re:America's first law regulating AI bias in hiring takes ef... by lotsofpulp on Sunday July 09, 2023 @01:02PM (#36656236)

It is not illegal to ask for a photo. “Should not ask” is not the same as “cannot ask”.

Asking for a photo opens an employer to claims of discrimination, but it would still have to be proven, so the government is advising against it. But it may well be that in practice, the government will not be spending resources on trying to or be able to prove discrimination, even if a photo is required.

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