Algorithm-Based Recruiting Technology in the Workplace

Abstract

Traditional recruiting methods are inefficient and cost employers valuable time, money, and human resources. Additionally, traditional recruiting is subject to the biases and prejudices of a human recruiter. Machine learning, algorithm-based recruiting technology promises to be an efficient and effective solution to employee recruiting by utilizing 21st century technology to engage, screen, and interview top talent. While the promise of algorithm-based deci- sion-making is attractive to many business owners, the practical legal considerations of its use for an ordinary small-to-medium sized employer have not been discussed. Legal scholarship in the area of algorithm-based employment decision making has primarily focused on data-driven unlawful discrimination and proposed government regulation. This Comment fills that gap by providing a summary of algorithm-based recruiting technology, its legal effects, and the best practices for an employer or an unfamiliar employment lawyer interested in adopting algorithm-based recruiting technology.