In a guest column, these lawyers explain the pros and cons of using AI for hiring. Photo via Getty Images

Workplace automation has entered the human resource department. Companies rely increasingly on artificial intelligence to source, interview, and hire job applicants. These AI tools are marketed to save time, improve the quality of a workforce, and eliminate unlawful hiring biases. But is AI incapable of hiring discrimination? Can a company escape liability for discriminatory hiring because, "the computer did it?"

Ultimately, whether AI is a solution or a landmine depends on how carefully companies implement the technology. AI is not immune from discrimination and federal law holds companies accountable for their hiring decisions, even if those decisions were made in a black server cabinet. The technology can mitigate bias, but only if used properly and monitored closely.

Available AI tools

The landscape of AI technology is continually growing and covers all portions of the hiring process — recruiting, interviewing, selection, and onboarding. Some companies use automated candidate sourcing technology to search social media profiles to determine which job postings should be advertised to particular candidates. Others use complex algorithms to determine which candidates' resumes best match the requirements of open positions. And some employers use video interview software to analyze facial expressions, body language, and tone to assess whether a candidate exhibits preferred traits.

Federal anti-discrimination law

Although AI tools likely have no intent to unlawfully discriminate, that does not absolve them from liability. This is because the law contemplates both intentional discrimination (disparate treatment) as well as unintentional discrimination (disparate impact). The larger risk for AI lies with disparate impact claims. In such lawsuits, intent is irrelevant. The question is whether a facially neutral policy or practice (e.g., use of an AI tool) has a disparate impact on a particular protected group, such as on one's race, color, national origin, gender, or religion.

The Equal Employment Opportunity Commission, the federal agency in charge of enforcing workplace anti-discrimination laws, has demonstrated an interest in AI and has indicated that such technology is not an excuse for discriminatory impacts.

Discrimination associated with AI tools

The diversity of AI tools means that each type of technology presents unique potential for discrimination. One common thread, however, is the potential for input data to create a discriminatory impact. Many algorithms rely on a set of inputs to understand search parameters. For example, a resume screening tool is often set up by uploading sample resumes of high-performing employees. If those resumes favor a particular race or gender, and the tool is instructed to find comparable resumes, then the technology will likely reinforce the existing homogeneity.

Some examples are less obvious. Sample resumes may include employees from certain zip codes that are home to predominately one race or color. An AI tool may favor those zip codes, disfavoring applicants from other zip codes of different racial composition. Older candidates may be disfavored by an algorithm's preference for ".edu" email addresses. In short, if a workforce is largely comprised of one race or one gender, having the tool rely on past hiring decisions could negatively impact applicants of another race or gender.

Steps to mitigate risk

There are a handful of steps that employers can take to use these technologies and remain compliant with anti-discrimination laws.

First, companies should demand that AI vendors disclose as much as possible about how their products work. Vendors may be reticent to disclose details about proprietary information, but employers will ultimately be responsible for discriminatory impacts. Thus, as part of contract negotiations, a company should consider seeking indemnification from the vendor for discrimination claims.

Second, companies should consider auditing the tool to ensure it does not yield a disparate impact on protected individuals. Along the same lines, companies should be careful in selecting input data. If the inputs reflect a diverse workforce, a properly functioning algorithm should, in theory, replicate that diversity.

Third, employers should stay abreast of developments in the law. This is an emerging field and state legislators have taken notice. Illinois recently passed regulation governing the use of AI in the workplace and other states, including New York, have introduced similar bills.

AI can solve many hiring challenges and help cultivate a more diverse and qualified workforce. But the tools are often only as unbiased as the creators and users of that technology. Careful implementation will ensure AI becomes a discrimination solution — not a landmine.

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Kevin White is a partner and Dan Butler is an associate with Hunton Andrews Kurth LLP, which has an office in Houston.

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Annual student startup competition in Houston names teams for 2024

ready to pitch

The Rice Alliance for Technology and Entrepreneurship announced the 42 student-led teams worldwide that will compete in the highly competitive Rice Business Plan Competition this spring.

The annual competition, known as one of the world’s largest and richest intercollegiate student startup competitions, will take place April 4 to 6 in Houston. Teams in this year's competition represent 35 universities from four countries, including two teams from Houston and four others from Texas.

Teams, made up of graduate students from a college or university anywhere in the world, will present their plans before 350 angel, venture capital, and corporate investors to compete for more than $1 million in prizes. Last year, teams were awarded $3.4 million in investment and in-kind prizes, the largest total awarded thus far in the decades-old competition after some investors doubled — or even tripled — down on investment awards.

The 2024 RBPC will focus on five categories: Energy, Cleantech and Sustainability; Hard Tech; Life Sciences and Healthcare Solutions; Digital Enterprise; Consumer Products and Services.

Invitees include:

  • AIRS ML, Imperial College London (United Kingdom)
  • Blaze Power, UCLA
  • ChiChi Foods, Washington University in St. Louis
  • CureWave Sciences, Rutgers University
  • CurveAssure, Johns Hopkins University
  • D.Sole, Carnegie Mellon University
  • Dendritic Health AI, Northwestern University
  • Dialysis Innovations, University of Michigan
  • FlowCellutions, University of Pittsburgh
  • HEXAspec, Rice University
  • HydroPhos Solutions, University of New Hampshire
  • Icorium Engineering Company, University of Kansas
  • Informuta, Tulane University
  • Kiwi Charge, York University (Canada)
  • Korion Health, University of Maryland, College Park
  • Limitless Aeronautics, Embry Riddle Aeronautical University
  • LiQuidium, University of Houston
  • Malleous, University of Pittsburgh
  • MesaQuantum, Harvard University
  • MineMe, University of Pennsylvania
  • NaviAI, Cornell University
  • NutriAI, Tufts University
  • OSPHIM, RWTH Aachen University (Germany)
  • Overture Games, Northwestern University
  • OX SOX, University of Georgia
  • Oxylus Energy, Yale University
  • Palanquin Power, University of Texas at Austin
  • Paradigm Robotics, University of Texas at Austin
  • Particle-N, University of Connecticut
  • Poka Labs, Harvard University
  • Power2Polymer, RWTH Aachen University (Germany)
  • ProPika, University of Arkansas
  • Protein Pints, Michigan State University
  • Samtracs, Oklahoma State University
  • Sancorda Medical, University of Texas at Dallas
  • Side Coach Sports, Baylor University
  • Socian AI, Rochester Institute of Technology
  • Somnair, Johns Hopkins University
  • TouchStone, University of California, Berkeley
  • Vita Innovations, Stanford University
  • WattShift, University of Chicago
  • ZebraMD, UCLA

The companies join more than 700 RBPC alumns that have collectively raised more than $5.5 billion in funding. More than 269 RBPC companies are in business or have made successful exits, according to the Rice Alliance's website.

Last year, Texas A&M-based team FluxWorks took home $350,000 and won the competition based on judges scores. The company's technology includes magnetic gears that are four times quieter than standard with 99 percent efficiency.

Sygne Solutions and TierraClimate, two Rice-led teams, won second and fourth places, respectively. Zaymo, from Brigham Young University, took home the most in investment dollars. Click here to see the full list of 2023 teams.

Texas is the No. 1 destination for Gen Zers on the move, study says

by the numbers

A new population analysis by real estate marketplace Zillow has pegged the Lone Star State as the No. 1 destination for adults born between 1996 and 2004 – also known as Gen Z.

Using data from the 2022 U.S. Census Bureau, the report identifies the Top 10 states to which Gen Zers are moving, and Texas was the runaway winner – far outranking No. 2 destination, California, with 76,805 Gen Z movers, versus California's 43,913.

Reasons for moving vary, but the report says young adults from 18 to 24 years old may prefer to live in states with high performing job markets, especially in a place like San Antonio where one of the nation's top employers resides. San Antonio is also a great place for remote work, according to estimations by Forbes.

Favorable weather also may play a factor in the high migration of Gen Z'ers, the report suggests. Texas' mostly year-round sunshine makes it more attractive to younger crowds who are looking for fun activities around the state, not to mention the advantageous impact on dating opportunities.

Other top states with high influx of Gen Z movers include Washington (No. 5), which added over 33,500 Gen Z movers in 2022, and Colorado (No. 6) with less than 31,000 new Gen Z residents.

Their least favorite destination was Michigan, and the Northeast also ranked poorly, with four New England states – Vermont, Rhode Island, New Hampshire, and Maine – all in the bottom 10.

State with a high cost-of-living like Washington, Colorado, and Virginia (No. 7) are places where young adults are more likely to have a bachelor's degree, work in tech, or serve in the military, according to Zillow principal population scientist Edward Berchick.

However, becoming a homeowner is much more difficult, as the report found 77 percent of the Gen Z workers in these states are renters.

"Gen Z movers are likely drawn to the job opportunities in these states, despite the higher costs of housing," Berchick explains. "They may also be in a stage of life where they're willing and able to be flexible in their standards of living while starting their careers."

The top 10 states for Gen Z movers are:

  • No. 1 – Texas
  • No. 2 – California
  • No. 3 – Florida
  • No. 4 – North Carolina
  • No. 5 – Washington
  • No. 6 – Colorado
  • No. 7 – Virginia
  • No. 8 – Illinois
  • No. 9 – Georgia
  • No. 10 – Arizona

The full report can be found on zillow.mediaroom.com.

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This article originally ran on CultureMap.

Op-Ed: Black-owned businesses are making history in Texas, across America

guest column

In recent years, our small business community has weathered a global pandemic, persistent supply chain issues, sometimes volatile prices, and a tight labor market—and Black-owned businesses in our state have faced disproportionate impacts from these pandemic challenges.

Despite those headwinds, Black-owned businesses across Texas are fueling one of the largest and most diverse waves of new business creation America has ever seen—what President Biden calls America’s Small Business Boom.

As we mark America’s 48th national celebration of Black History Month, the SBA is highlighting Black-owned businesses’ achievements here in Texas and throughout the nation. The past three years have been the three strongest years of new business formation in American history.

The 16 million new business applications filed during this period show Americans starting businesses at nearly twice the rate—86 percent faster—compared to the pre-2021 average. During that time, U.S. small businesses have created more than 7.2 million net new jobs. And Black-owned businesses are responsible for some of the most significant gains.

The Invest in America agenda is powering the Biden Small Business Boom, and unlike many economic recoveries of the past, this one includes entrepreneurs of color. One of the reasons for that is the SBA’s Community Navigator Pilot Program (CNPP). This innovative hub-and-spoke partnership connected hundreds of community organizations around the country - like the U.S. Black Chambers of Commerce and the National Urban League - with entrepreneurs, helping them make the most of SBA resources. “The SBA CNPP allowed the

Houston Area Urban League Entrepreneurship Center to leverage existing partnerships with organizations that offered services to socially and economically disadvantaged business owners and women-owned businesses,” states Eric Goodie, Executive Vice President of the Houston Area Urban League. “Through the CNPP we provided comprehensive business planning and support, e-commerce technical assistance, financial and credit education, opportunities for business networking, access to capital and procurement opportunities,while providing assistance with obtaining various business certifications. We also found theSBA Lender match portal to be a critical resource in the capital acquisition process."

Under Administrator Isabel Guzman, the SBA has also delivered record-breaking government contracting for small businesses—including the most federal contracting dollars going to Black-owned businesses in history. And we’re addressing longstanding gaps in access to capital for Black entrepreneurs, more than doubling our small business loans toBlack-owned businesses since 2020.

These investments are making a big impact. Black business ownership is growing at the fastest pace in 30 years. The share of Black households owning a business doubled between 2019 and 2022. In 2023 alone, Census data showed Americans filed 5.5 million new business applications across the country, including over 500,000 here in Texas. That success is creating a rising tide. Black wealth is up a record 60 percent from before the pandemic, and Black unemployment has reached historic lows since 2021.

The SBA also understands that the work must continue. Black entrepreneurs and other historically underserved communities still face obstacles accessing capital. That's why President Biden and the SBA are committed to ensuring that anyone with a good idea can pursue that opportunity, and the Small Business Boom speaks to that success. We're helping more Americans than ever access the funds they need to realize their dreams of small business ownership – and that means more jobs, more goods and services, and more resilient communities, no matter the zip code.

To learn more about SBA resources, entrepreneurs are invited to join the SBA Houston District Office as it teams up with the Emancipation Economic Development Council and dynamic community organizations to celebrate Black History Month. The organizations will host the Resources to Empower Entrepreneurs event at the Emancipation Cultural Center on Wednesday, February 28, and will feature discussions surrounding resources, funding, and training available for small business owners.

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Mark Winchester is the SBA Houston District Office's acting district director.