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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Houston consulting firm opens innovation hub for business AI in collaboration with SAP

new space

Houston’s Sierra Digital has launched Sierra AppHaus Houston, an innovation hub for business AI in collaboration with the the AppHaus program from software giant SAP.

Sierra Digital is the second U.S. partner to join the SAP AppHaus Network, a group of spaces focused on leveraging SAP products and technology. The operation is connected to Sierra Digital’s offices in the Sharpstown area. It features three meeting rooms and a large conference room, and can host workshops for more than 100 participants.

“Sierra Digital has been recognized as a perfect addition to the SAP AppHaus Network,” Carlos Estala Velasco, co-lead SAP AppHaus Partner Network, said in a news release. “With a committed AppHaus team equipped to apply our award-winning human-centered innovation approach, they are able to inspire and support customers throughout their journey to realize innovation. We eagerly anticipate co-innovating with the local team!”

Sierra Digital, founded in 2002, focuses on modernizing legacy SAP systems. It has developed a library of over 30 pre-built business technology applications (BTA) and is also one of the first SAP partners to develop and implement use cases for business AI. The company is also a leading member of the SAP BTP Advisory Council.

Sierra’s portfolio of pre-built BTP applications helps streamline operations by automating tasks like business partner onboarding and revenue processing with AI-driven insights. The company works in the oil and gas, chemical, manufacturing, retail and public sectors.

The first SAP AppHaus location was established in 2013, and there are now 25 globally. Three of the locations are owned by SAP, and 22 are managed by partners, including Sierra Digital. According to a LinkedIn post, Sierra Digital plans to use the Houston space for design-thinking workshops, tech discussions and even hackathons.

"We are proud to be part of the SAP AppHaus Network and to contribute our design and innovation expertise," Senthil Kumar, CEO and chairman of Sierra Digital, said in a news release. "This collaboration with SAP allows us to co-create impactful solutions that accelerate digital transformation for our clients and strengthen our regional presence."

New AI-focused innovation hub, Rice Nexus, debuts at The Ion Houston

Innovation Station

Rice University unveiled its new AI-focused "innovation factory," Rice Nexus, on Friday, February 14.

The 10,000-square-foot space, occupying two floors at The Ion, aims to support and provide resources for ventures that are looking to scale and have "artificial intelligence (AI) as a central pillar of its innovation strategy," according to a statement from Rice.

The space will be home to a dedicated AI venture accelerator and is already serving as a home base for several startups with ties to Rice. The companies include:

  • Solidec, a climate-tech company co-founded by Rice professor Haotian Wang, research scientist Ryan DuChanois and alumnus Yang Xia
  • Coflux Purification, co-founded by Rice students Alec Ajnsztajn, Jeremy Daum and Dana Vazquez with collaboration from professors Rafael Verduzco and Pulickel Ajayan
  • BeOne Sports, a sports performance technology company founded by Rice alumni
  • Voythos, which uses AI to predict the future health of patients with cardiovascular disease

Sanjoy Paul will lead Rice Nexus as executive director. Paul previously worked at Accenture LLC as a managing director of technology and is a lecturer in Rice's Department of Computer Science.

“We created the Rice Nexus in the Ion for Rice faculty, students and alumni to transform their breakthrough ideas into venture-ready startups,” Paul Cherukuri, Rice’s chief innovation officer and vice president for innovation, said in the release.

“With Sanjoy Paul at the helm, we are not only integrating AI into the core of our innovation efforts but also ensuring that Rice founders have the leadership, expertise and support they need to rapidly build and scale transformative companies.”

The space is part of Rice's latest 10-year strategic plan known as Momentous, which was announced in October. Rice University President Reginald DesRoches spoke with the Houston Innovators Podcast on the university's growth last fall. Click here to listen, and explore photos of the new space below.

Photo courtesy Rice University

Texas county will hold election to make Elon Musk's Starbase its own city

Tesla Town

A Texas county recently approved holding an election sought by SpaceX that would let residents living around billionaire Elon Musk's company decide whether to formally create a new city called Starbase.

The election was set for May 3 and votes can only be cast by residents living near the launch site that is currently part of an unincorporated area of Cameron County, located along the U.S.-Mexico border.

In December, more than 70 area residents signed a petition requesting an election to make Starbase its own municipality. Most of the residents are company employees and the community includes more than 100 children, according to copies of the petition obtained by The Associated Press.

Cameron County Judge Eddie Treviño said the county reviewed the petition and found it met the state's requirements for the incorporation process to move forward.

“If the election passes, this will be the newest town in Cameron County since Los Indios in 1995,” Treviño said in a statement. “We look forward to seeing the outcome of this election.”

SpaceX responded to a request for comment by referring to the company's earlier statement in December.

Kathryn Lueders, Starbase's general manager, previously said that the incorporation would streamline certain processes to build amenities in the area. Some local environmental advocates have expressed worry about what the effects would mean for development.

SpaceX's launch site broke ground in Texas in 2014. Only 10 of the roughly 250 lots of land within the proposed new city limits do not belong to the company.

More than 3,400 full-time SpaceX employees and contractors work at the Starbase site, according to a local impact study issued by the county last year.

Musk has long been planting business roots in Texas and has spread them far and wide across the Lone Star State. The billionaire moved to Texas in 2020 and relocated to or expanded a number of his companies in the state, citing the state’s business-friendly climate.

Tesla’s massive 10-million-square-foot Gigafactory, where the company makes its Cybertrucks, opened near Austin in 2022 and will also serve as the company headquarters.