Topic: Big Data, Bigger Risk: Recognizing and Managing the Perils of Using Algorithms in Recruiting and Hiring
Employers increasingly are turning to machine learning algorithms to source, recruit, screen, select, and manage talent. These tools have the potential to significantly streamline the recruiting and hiring process, from identifying qualified passive candidates to efficiently winnowing down the increasingly large volume of applications that employers now regularly receive. Algorithms also can perform the candidate evaluations that normally are performed by human resources representatives or hiring managers, like analyzing writing samples and assessing proficiency examinations, or matching job candidates with appropriate positions based on the candidates’ skills and the positions’ requirements.
While these tools can reduce the time and costs associated with finding, selecting, promoting, and retaining talent, they also have the potential to create legal risk for employers. That legal risk arises from new legislation, interest from the Equal Employment Opportunity Commission and other federal and state agencies, and litigation.
Joel O'Malley, Esq. Shareholder at Nilan Johnson Lewis PA
Joel represents clients on all types of employment claims before administrative agencies, in state and federal courts, and before arbitration tribunals. He handles both individual and class litigation throughout the country, with extensive experience litigating in California. Joel’s business-driven guidance helps employers through the full life-cycle of hiring, from recruiting and performance management to workplace investigations and post-employment restrictive covenants. He also counsels clients on complying with discipline and discharge, workplace leave, and employment and severance agreement issues.
Joel offers practical, business-driven advice to corporate clients and human resources professionals, helping them navigate the ever-changing and complex landscape of local, state, and federal employment laws. He provides proactive compliance strategies distinctively suited to each client’s industry, size, and locale, keeping in mind that every client – from an entrepreneurial start-up to an established global organization – deserves unique attention. He prides himself on offering efficient, results-oriented litigation focused on his clients’ ultimate business goals.
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