{"id":2324816,"date":"2024-08-15T03:17:02","date_gmt":"2024-08-15T07:17:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/employee-civil-rights-protections-at-risk-under-ai-dei-hiring-discrimination-washington-examiner\/"},"modified":"2024-08-15T03:24:34","modified_gmt":"2024-08-15T07:24:34","slug":"employee-civil-rights-protections-at-risk-under-ai-dei-hiring-discrimination-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/employee-civil-rights-protections-at-risk-under-ai-dei-hiring-discrimination-washington-examiner\/","title":{"rendered":"Employee civil rights protections at risk under AI DEI hiring discrimination &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Femployee-civil-rights-protections-at-risk-under-ai-dei-hiring-discrimination-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2324816&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/dei-disaster-petition-circulating-within-secret-service-community-warns-of-potential-insider-threats\/\" title=\"DEI Crisis: Secret Service Petition Raises Concerns About &#039;Insider Threats\">article discusses concerns<\/a>\u2063 over artificial \u200cintelligence (AI) tools used\u200b in hiring practices and their potential to perpetuate\u2062 discrimination against certain races and genders, particularly through the lens \u200dof Diversity, Equity, \u200dand \u2062Inclusion (DEI) ideologies. Despite \u2062a growing belief that\u200c AI-fueled \u200chiring processes discriminate based on protected characteristics, the legal framework for addressing such discrimination may fall short. Keith Sonderling, a commissioner \u200cwith the Equal Employment Opportunity Commission (EEOC), warns \u200dthat improper use \u200bof these tools could lead to unprecedented levels of discrimination.<\/p>\n<p>The article highlights that \u2064while DEI initiatives\u2062 gained traction \u2062among corporations following social movements\u2062 like those triggered by George \u200bFloyd&#8217;s death, backlash and political opposition have prompted some organizations\u2062 to reconsider their commitment to DEI. Nonetheless, many companies \u2062continue to rely on AI technologies that embed DEI principles in their hiring algorithms.<\/p>\n<p>Surveys reveal that a significant number \u200cof job\u200b seekers feel they have been adversely affected by DEI-related discrimination, with some <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/selma-blair-said-shes-dying-alive-staying-positive-during-ms-battle\/\" title=\"Selma Blair remains positive while battling MS, despite feeling like she&#039;s &quot;dying alive.&quot;\">sharing personal anecdotes<\/a> of being overlooked in hiring processes because of \u2064their perceived race or gender. Additionally, fear of workplace repercussions due to\u200b political affiliations is prevalent.<\/p>\n<p>However, there is ambiguity around the ability of employees to seek justice against potential discrimination rooted in AI technologies,\u200b as many may\u200c remain unaware that they are being evaluated by such\u200c algorithms. The lack of transparency in AI hiring methods complicates employees\u2019 ability to identify and report discrimination, challenging \u2062the effectiveness of current civil rights protections against\u200d technological bias in employment.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Employee civil rights protections at risk under AI DEI hiring discrimination<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1730868\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>Despite a growing perception that <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/artificial-intelligence\/\" target=\"_blank\" rel=\"noopener\" title>artificial intelligence<\/a>-powered <a href=\"https:\/\/www.washingtonexaminer.com\/policy\/economy\/\" target=\"_blank\" rel=\"noopener\" title>hiring<\/a> tools are being used to discriminate against certain races and genders, the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/eeoc\/\" target=\"_blank\" rel=\"noopener\" title>civil rights framework around employment<\/a> discrimination may not be equipped to take on the technology.<\/p>\n<p>AI platforms are well known for having <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/dei\" target=\"_blank\" rel=\"noopener\" title=\"diversity, equity, and inclusion\">diversity, equity, and inclusion<\/a> ideology written into their algorithms. If a user asks most AI tools what it thinks if DEI, it will respond with a glowing report about how important the ideology is in the modern workplace and society. That ideological dedication could mean that, when it comes to using the tools for employment decisions, DEI may be in the driver&rsquo;s seat.<\/p>\n<p>&ldquo;If not carefully designed or properly used, these tools &mdash; they could be used to discriminate,&rdquo; Commissioner Keith Sonderling of the Equal Employment Opportunity Commission told the <em>Washington Examiner<\/em>. &ldquo;The access to the data and the ability to act on it through AI allows discrimination to be scaled to the likes we&rsquo;ve never seen before.&rdquo;<\/p>\n<p>DEI has become increasingly controversial in recent years and has taken significant public relations blows this year in particular &mdash; from the ouster of former Harvard President Claudine Gay to the security failures under former Secret Service Director Kimberly Cheatle to GOP criticisms of Vice President Kamala Harris as the new Democratic nominee for president.<\/p>\n<p>While DEI programs became popular particularly among corporations during the 2020 George Floyd riots as a way to curry favor with supporters of a &ldquo;racial reckoning&rdquo; in American society, recent political pushback and the perception that DEI is inherently discriminatory against certain groups, such as white and Asian people or men, has resulted in <a href=\"https:\/\/www.washingtonexaminer.com\/news\/3096092\/alphabet-soup-future-dei-power-obscurity\/\" target=\"_blank\" rel=\"noopener\" title>many corporations paring back their dedication to the ideology<\/a>.<\/p>\n<p>However, even as corporations claim to be scaling down their DEI bureaucracies, many companies still use AI, with DEI ideology ingrained in the core of its functionality, to aid hiring decisions.<\/p>\n<p>&ldquo;Let&rsquo;s say you do not want to hire a woman for a role (which of course is unlawful),&rdquo; Sonderling said. &ldquo;Before the AI technology, you have to go through every resume and say &lsquo;is this a female sounding name?&rsquo; &lsquo;Did they go to a women&rsquo;s college?&rsquo; versus these algorithms that can look at millions of resumes in a millisecond, and separate them all quickly by race, sex, and ethnicity or really any other protected characteristic that the EEOC says you are not allowed to factor into a hiring decision and with a few clicks, eliminate all those applicants from the hiring pool.&rdquo;<\/p>\n<p>&ldquo;You can also find candidates unlawfully using these tools to include them unlawfully in the hiring pool based on protected characteristics such as race, sex, national origin, etc., which is just as unlawful as excluding them &mdash; so it goes both ways,&rdquo; the commissioner added.<\/p>\n<p>A recent Freedom Economy Index study revealed that over 75% of employees or <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/u-s-job-seekers-rushing-to-find-new-employment-before-recession-hits\/\" title=\"U.S. Job Seekers Rushing to Find New Employment Before Recession Hits\">job seekers surveyed<\/a> believe that AI tools are being used to screen out certain applicants who do not fit &ldquo;preferred&rdquo; DEI profiles being used to fulfill corporate diversity quotas.<\/p>\n<p>Over 37% of respondents believe they have experienced DEI-related discrimination, and only 23.8% do not believe they have. Some who responded to the survey recalled personal experiences with DEI in hiring.<\/p>\n<p>&ldquo;I have a Hispanic last name but am white,&rdquo; one respondent said. &ldquo;I have encountered disappointment when I get on a Zoom or Teams video call and my interviewer sees I am not Hispanic.&rdquo;<\/p>\n<p>&ldquo;Been rejected for employment for being a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/joe-rogan-warns-woke-mob-will-make-it-so-straight-white-men-wont-be-allowed-to-talk-go-outside\/\" title=\"Joe Rogan Warns: Woke Mob Will Make It So \u2018Straight White Men\u2019 Won\u2019t Be \u2018Allowed To Talk,\u2019 \u2018Go Outside\u2019\">straight white man<\/a>,&rdquo; another job seeker said. &ldquo;Almost every time I&rsquo;d gotten an interview was when I opted out of identifying my race or sex on my application.&rdquo;<\/p>\n<p>While political ideology is not a protected characteristic under <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-justice-department-pick-helped-kill-pipeline-favored-by-key-senator\/\" title=\"Biden Justice Department Pick Helped Kill Pipeline Favored by Key Senator\">federal civil rights law<\/a>, 63% of respondents feared that if they were found to be Republican or conservative, the information would have a negative impact on their careers.<\/p>\n<p>Nearly 77% of the respondents said they would take less money in order to avoid a DEI-oriented workplace.<\/p>\n<p>But there is a disconnect between the perception of discrimination and the ability for workers to seek justice through the civil rights framework provided by the EEOC. It is not clear whether there are any cases before the EEOC regarding AI-fueled discrimination, as the commission&rsquo;s law enforcement function does not allow disclosure of pending cases, but there are also no private causes of action regarding AI-DEI discrimination, either.<\/p>\n<p>While Sonderling maintains that the EEOC will get to the bottom of any potential employment discrimination, one major issue with DEI discrimination through an AI tool is that most employees will never even know if they have been subjected to the technology in the first place.<\/p>\n<p>&ldquo;For the EEOC to take action if there is discrimination, employees have to complain. Generally, we do not start our own investigations. Employees have to basically know or feel like they&rsquo;re discriminated against, and then bring a case to us where we would investigate,&rdquo; Sonderling explained. &ldquo;And the tricky part of this [is] without consent, without employees knowing that they&rsquo;re being subject to these algorithms, it is unlikely they will be able to know they are potentially discriminated by AI. It&rsquo;s very hard for them to bring a case of discrimination against an algorithm when they have no idea that they were even subject to an algorithm during their interview process.&rdquo;<\/p>\n<p>There are no federal consent requirements affording applicants or employees the knowledge that they are being evaluated in part with the assistance of an AI tool. Aside from some states, such as New York, Colorado, and California, most do not require companies to disclose that they are using the technology either.<\/p>\n<p>&ldquo;Without such a requirement, it would be very hard for the employees or the EEOC to know that AI&rsquo;s involved to then investigate if there is discrimination,&rdquo; Sonderling said. &ldquo;So when asked about enforcement, the biggest issue is disclosure.&rdquo;<\/p>\n<p>Disclosure requirements bring with them a whole host of other issues as well, including the likelihood of rampant litigation at the sign of any employment decision that does not go in favor of the candidate.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><\/a><\/strong><\/p>\n<p>&ldquo;For companies and for AI vendors, it doesn&rsquo;t necessarily make sense for them to voluntarily disclose what technology you&rsquo;re using,&rdquo; Sonderling said. &ldquo;They could be setting themselves up for a lawsuit if the candidate who doesn&rsquo;t get the job wants to blame the AI and not the actual business&rsquo;s reasons for not making the hire.&rdquo;<\/p>\n<p>Whatever private lawsuits might occur challenging the use of AI, Sonderling explained that the EEOC&rsquo;s purview is with the company itself, not the AI vendor, leaving all liability for hiring decisions at the feet of the employer.<\/p>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1730868\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1730868\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>**Employee Civil Rights Protections Threatened by AI DEI Hiring Discrimination**<\/p>\n<p>There is an increasing belief that AI-driven hiring tools are being utilized to discriminate against specific races and genders. However, the existing civil rights framework addressing employment discrimination may not be adequately prepared to confront these technological advancements. Many AI systems incorporate diversity, equity, and inclusion (DEI) principles into their algorithms. When asked about DEI, most AI tools provide a positive assessment of its significance in today\u2019s workplace and society. This ideological commitment could lead to DEI taking precedence in employment decisions.<\/p>\n<p>Keith Sonderling, a commissioner at the Equal Employment Opportunity Commission (EEOC), expressed concerns about the potential for discrimination if these tools are not designed or used correctly. He noted that the ability of AI to access data can enable discrimination on an unprecedented scale.<\/p>\n<p>In recent years, DEI has faced growing controversy and significant public backlash\u2014especially this year\u2014with events such as the dismissal of former Harvard President Claudine Gay and criticisms directed at Vice President Kamala Harris as she emerges as a Democratic presidential candidate. While many corporations adopted DEI initiatives following George Floyd&#8217;s death in 2020 to align with calls for racial justice, political opposition has led some companies to reduce their commitment to these programs due to perceptions that they may unfairly disadvantage certain groups like white or Asian individuals or men.<\/p>\n<p>Despite claims of scaling back their DEI efforts, many organizations continue using AI systems deeply rooted in DEI principles for hiring purposes. Sonderling highlighted how traditional methods required manual review of resumes for gender identification; however, modern algorithms can swiftly analyze vast numbers of resumes based on race, gender, ethnicity, or other protected characteristics prohibited from influencing hiring decisions.<\/p>\n<p>He also pointed out that candidates could be unlawfully included based on protected traits just as easily as they could be excluded\u2014a violation equally serious under employment law.<\/p>\n<p>A recent study by Freedom Economy Index found that over 75% of employees believe AI tools are used to filter out applicants who do not meet &#8220;preferred&#8221; DEI profiles aimed at fulfilling corporate diversity goals. More than 37% reported experiencing discrimination related to DEI policies; only 23.8% disagreed with this sentiment. Some respondents shared personal experiences reflecting perceived biases during hiring processes linked to their identities.<\/p>\n<p>While political affiliation is not a federally protected characteristic under civil rights laws, 63% expressed concern that identifying as Republican or conservative might negatively impact their careers; nearly 77% indicated they would accept lower pay rather than work in a workplace focused on DEI initiatives.<\/p>\n<p>However, there exists a gap between perceptions of discrimination and workers&#8217; ability to seek redress through EEOC&#8217;s civil rights framework since it remains unclear whether any cases involving AI-related discrimination have been filed with the commission due its confidentiality rules regarding ongoing investigations\u2014and no private legal actions exist specifically targeting such issues either.<\/p>\n<p>Sonderling emphasized that employees must report instances of perceived discrimination for EEOC action since it typically does not initiate investigations independently without complaints from affected individuals who recognize potential bias against them\u2014an issue compounded by employees often being unaware if they were evaluated using algorithmic methods during interviews due lack of transparency around such practices.<\/p>\n<p>Currently lacking federal consent requirements means applicants generally do not know when companies employ AI technology in evaluations unless mandated by certain states like New York or California where disclosure is required\u2014making it challenging both for employees seeking justice and for EEOC enforcement efforts regarding possible discriminatory practices involving artificial intelligence systems within hiring processes.<\/p>\n<p>The absence of disclosure obligations raises additional concerns about potential litigation stemming from any unfavorable employment outcomes attributed solely towards algorithmic assessments rather than legitimate business reasons behind hiring decisions\u2014a situation where employers bear full responsibility while vendors remain insulated from liability according Sonderling\u2019s explanation regarding EEOC jurisdiction focusing primarily on employers themselves rather than third-party technology providers involved in recruitment activities<\/p>\n","protected":false},"author":179,"featured_media":2324817,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/eeoc-ai-dei-hiring-2024-scaled-1024x880.webp","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[38200,33274,36025,38199,32076],"class_list":["post-2324816","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-ai-discrimination","tag-civil-rights","tag-dei-practices","tag-employee-rights","tag-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/eeoc-ai-dei-hiring-2024-scaled-1024x880.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2324816","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/179"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2324816"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2324816\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2324817"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2324816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2324816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2324816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}