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Study finds extensive racial bias by AI hiring tools

A major Stanford study finds that widely used AI hiring tools may be reinforcing racial bias at scale. With over 90% of employers relying on AI screening, the findings highlight growing legal and ethical risks—and why employers can’t rely on vendor claims alone.

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by Robert S. Teachout, Brightmine Legal Editor

Employers now overwhelmingly use artificial intelligence (AI) in screening and selecting candidates to hire. But a new study from Stanford revealed that the most popular AI platforms routinely discriminate against racial minorities.

More than 90% of employers use some form of AI screening tool to filter or rank job applications, according to the study; most rely on the same few third-party AI vendors.

“We find substantial evidence of racial disparities in AI-based candidate screening,” the authors of the study wrote.

The study analyzed data for 3.4 million real job applicants who submitted 4 million applications to 156 employers across 11 market sectors. Every application was assessed by algorithms from the same vendor. When the same algorithm is used across multiple employers, the adverse impact of a biased AI system is massively expanded, the study demonstrated.

To measure adverse impact, the study applied the Equal Employment Opportunity Commission (EEOC) “four-fifths rule,” which flags a position when one group is recommended at less than 80% of the rate of the most-recommended group. The findings showed that the AI platform screened out 26% of Black applicants and 15% of Asian applicants, more than meeting the EEOC’s threshold.

Employers are ultimately responsible for all hiring decisions and should:

  • Understand the AI algorithm used and monitor results
  • Partner with the vendor to test the system for biases and review actual hiring results
  • Build in human oversight and checkpoints

Furthermore, when applicants apply to multiple positions, 10% experienced repeated rejection across employers using the same system. This highlights the risk of a single AI algorithm, used by multiple employers, producing discriminatory outcomes across an industry.

Employers need to understand the AI algorithm used and monitor results at the individual job level where bias can be exposed. Employers, who are ultimately responsible for all hiring decisions, should not rely solely on vendors’ claims of fairness; instead, they should partner with the vendor to test the system for biases and review actual hiring results. It is critical to also build in human oversight and checkpoints, especially in high-volume or entry level roles where AI screening is used most often.

Jurisdiction: Federal

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About the author

Robert Teachout, SHRM-SCP - Legal Editor at Brightmine

Robert S. Teachout, SHRM – SCP
Legal Editor, Brightmine

Robert Teachout has more than 30 years’ experience in legal publishing covering employment laws on the state and federal level. At Brightmine, he covers labor relations, performance appraisals and promotions, succession and workforce planning, HR professional development and employment contracts. He often writes on the intersection of compliance with HR strategy and practice.

Before joining Brightmine, Robert was a senior HR editor at Thompson Information Services, covering FMLA, ADA, EEO issues and federal and state leave laws. Prior to that he was the primary editor of Bloomberg BNA’s State Labor Laws binders and was the principal writer and editor of the State Wage Assignment and Garnishment Handbook. Robert also served as a union unit leader and shop steward in the Washington-Baltimore Newspaper Guild of the Communications Workers of America. Actively involved in the HR profession, Robert is a member of SHRM at both the national and local levels, and gives back to the profession by serving as the communications vice president on the board of his local chapter.

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