Applying Against the Algorithm: Job Hunting in the Digital Age

By: Katie Snyder

Have you ever feared you might be replaced by a robot? With the evolution of technology, the use of artificial intelligence in the workplace is increasing. Various studies have been conducted to determine the level at which artificial intelligence is infiltrating the workplace. According to a 2018 report made by the U.S. Bureau of Labor Statistics, “a startling 1.4 million jobs in the U.S. will be gone in just eight years.”[1]

Artificial intelligence is changing the environment of the job market, specifically the process of hiring candidates. The development of artificial intelligence provides companies with the ability to use algorithms to cut costs and improve efficiency.[2] The use of artificial intelligence in hiring removes recruiters.[3] The algorithms are written to highlight specific traits wanted by the employer for the available job.[4] The algorithms then find candidates that share those specific traits as persons currently working in the field.[5]

Companies such as Amazon have created algorithms to recruit and sort potential employees.[6] The algorithm tested by Amazon was designed to rank employees’ applications and then present employers with a limited number of resumes that the algorithm found to be the “best” potential candidates.[7] While algorithms like Amazon’s have reduced the cost and increased the speed at which hiring can be completed, they have presented a new set of problems.[8]

The use of technology in hiring is raising concerns, specifically surrounding the removal of the humanist aspect of hiring and the likelihood of discrimination.[9] These concerns are not unwarranted. In 2018, Amazon was forced to terminate its hiring algorithm when the company discovered that the algorithm was discriminating against women.[10] Dastin, a tech columnist for Reuters, writes, “[B]y 2015, the company [Amazon] realized its new system was not rating candidates for software developer jobs and other technical posts in a gender-neutral way.”[11] Amazon’s algorithm was written to analyze resume patterns and characteristics of candidates over the previous ten-year period.[12] Since the tech world has been historically dominated by men, the resumes Amazon received over the ten-year period were mostly from men.[13] The male-centered data resulted in an algorithm that was biased towards hiring male candidates.[14] It “penalized resumes that included the word ‘women’s,’ as in ‘women’s chess club captain.’”[15] Although Amazon attempted to correct the algorithm’s biased nature, there continued to be a threat of implicit bias towards women.[16]

Amazon is not the only company transitioning its hiring process to artificial intelligence algorithms. Companies such as Target and Pepsi are also testing algorithms to “improve” their hiring processes.[17] While the shift to artificial intelligence is inevitable with the advancements in technology, lawmakers are attempting to introduce legislation to combat discrimination. In early 2019, the Algorithmic Accountability Act was introduced into Congress by Rep. Yvette Clarke.[18] The intention of this bill is “to require large companies to audit their algorithms for potential bias and discrimination and to submit impact assessments to Federal Trade Commission officials.”[19] The introduction of this bill shows that lawmakers are aware of the potential dangers of artificial intelligence in the hiring process and want to create legislation that regulates this problem.

Artificial intelligence is a fairly new concept, so it is developing and evolving daily. That means that there is a lot of opportunity for legislation regarding the artificial intelligence community to evolve as well. The discussion of hiring algorithms’ potential implicit biases and discrimination will likely continue to be a pressing issue in the coming years. Legislators will have to work to create laws to ensure that all are continued to be protected equally in the hiring and employment process, and lawyers will have to work to ensure that these laws are actually doing just that. While robots might not be replacing you at your job just yet, be wary of the algorithm when applying for your next job!

[1]Robby Berman, Infographics Show Jobs Most Likely to be Lost to Robots, Big Think (Apr. 6, 2018), https://bigthink.com/robby-berman/infographics-show-jobs-most-likely-to-be-lost-to-robots.

[2]Aaron Holmes, AI could be the key to ending discrimination in hiring, but experts warn it can be just as biased as humans, Business Insider (Oct. 8, 2019), https://www.businessinsider.my/ai-hiring-tools-biased-as-humans-experts-warn-2019-10/.

[3]Id.

[4]Jeffery Dastin, Amazon scraps secret AI recruiting tool that showed bias against women, Reuters (Oct. 9, 2018, 11:12 PM), https://www.reuters.com/article/us-amazon-com-jobs-automation-insight/amazon-scraps-secret-ai-recruiting-tool-that-showed-bias-against-women-idUSKCN1MK08G.

[5]Id.

[6]Holmes, supra note 2.

[7]Dastin, supra note 4.

[8]Holmes, supra note 2.

[9]Id.

[10]Dastin, supra note 4.

[11]Id.

[12]Id.

[13]Id.

[14]Id.