Is AI Discriminating in Hiring?
What is AI Discriminating in Hiring?
All employees in Canada are protected from discrimination in the workplace under the Canadian Human Rights Act, or the Ontario Human Rights Code for those living in Ontario. These laws protect individuals from actions or decisions that treat specific groups unfairly for reasons due to personal traits, such as race, age, disability, and sex, among others. But is AI Discriminating in Hiring?
The rapid development and use of artificial intelligence within workplaces brings about risk regarding how artificial intelligence is used in the workplace, in particular, during the hiring process and within customer facing industries. Using artificial intelligence may help to streamline the hiring process, however, the data that artificial intelligence uses to review data often contains perpetuating existing biases that the technology cannot detect. In these situations, many candidates are often overlooked due to inherent biases related to grounds under the Human Rights Code. For example, artificial intelligence may exclude more women when screening resumes for computer science positions or may not consider a resume with a significant gap due to the applicant taking parental leave. Generative artificial intelligence may also produce biased outputs that adversely affect individuals based on protected grounds in customer facing industries. This may include generating social media posts that reproduce gender and racial biases for job advertisements or using algorithms to make hiring decisions against marginalized individuals.
Both Ontario’s provincial government and the federal government are taking steps to address the unique challenges posed by artificial intelligence. Bill C-27: Digital Charter Implementation Act aims to introduce significant changes to Canada’s privacy and artificial intelligence regulatory framework by replacing parts of the Personal Information Protection and Electronic Documents Act with the Consumer Privacy Protection Act and enacting the Artificial Intelligence and Data Act to directly regulate artificial intelligence. In Ontario, Bill 149: Working for Workers Four Act, 2024 introduces new requirements for pay transparency and using artificial intelligence in job postings, which includes mandating employers to disclose the use of artificial intelligence in publicly advertised job postings.
Ultimately, while artificial intelligence is useful in increasing efficiency and productivity, employers must carefully navigate the risks of artificial intelligence to prevent human rights discrimination. For further information, please contact us today online or by phone (416) 640-2667.
Author – Abby Leung