Another legal challenge to AI Interviewing Tool
In the latest lawsuit, the American Civil Liberties Union filed a complaint against the Colorado Civil Rights Division (“EEOC”) and the Equal Employment Opportunity Commission (Civil Rights Division) alleging that an AI interviewing tool discriminated a deaf employee and Indigenous employee of Intuit who was seeking a promotion. According to the complaint filed by the American Civil Liberties Union, Intuit scored each candidate’s performance when the employee applied for promotion using a HireVue platform. The complaint alleges some audible sections of HireVue’s platform lacked captions and that the employee’s request for human generated captioning as an accommodations was denied. The employee was denied the promotion and received AI-generated feedback, according to HireVue, recommending that she “practice actively listening”. The ACLU claims that this evidence proves the applicant’s hearing impairment disadvantaged her during the interview process. The complaint also claims “upon information, belief and knowledge” that the interviewing system had a disparate effect based on race. In 2023, a CVS job applicant claimed that the company’s use a video interviewing system that scored applicants based on “reliability” and “honesty” violated Massachusetts law prohibiting employers from requiring applicants to take lie detector tests. Baker v. CVS Health Corp., 717 F. Supp. 3d 188 (D. Mass. 2024). In recent months, several other plaintiffs have filed lawsuits bringing similar claims under the Massachusetts statute. In recent months, other plaintiffs filed lawsuits under the Massachusetts statute bringing similar claims. We will continue to monitor and report on these developments.
