A Complaint Filed with the FTC Challenges the AI-Based Video Interview Technology

Video job interviews are increasingly common in today’s hiring process, but how is the resulting data being used by the companies when they make a hiring decision? Many companies in the United States are increasingly relying on the AI technology to process resumes and video interviews submitted by the applicants.

The Electronic Privacy Information Center (EPIC), a public interest research center, recently filed a complaint with the Federal Trade Commissions against a recruiting-technology company HireVue over its use of AI-based face-scanning technology.  HireVue’s technology uses video interviews and on-line “psychometric” games to analyze hundreds of thousands of data points related to applicant’s intonation, inflection, and emotions, as well as cognitive skills.   HireVue predictive algorithms purportedly determine each job candidate’s “employability” based on the assessment of their cognitive abilities, psychological traits, emotional intelligence, and social aptitudes. HireVue does not give candidates access to their scores or the basis for an algorithm assessment.  The Complaint contends that HireVue’s practices produce biased, unproveable, and not replicable results and fail to meet the minimum standards for AI-based decision-making set out in the OECD AI Principles or the recommended standards set out in the Universal Guidelines for AI.

Leading the way on the biometrics regulations in the United States, Illinois has recently enacted a law that seeks to address some of the concerns raised by the employers’ use of AI-based interview technology.  The Artificial Intelligence Video Interview Act, Ill. HB2557, which will become effective on January 1, 2020, will require that employers that ask applicants to record video interviews and use an artificial intelligence analysis of applicant-submitted videos: (1) notify each applicant in writing before the interview that artificial intelligence may be used to analyze the applicant’s facial expressions and consider the applicant’s fitness for the position; (2) provide each applicant with an information sheet before the interview explaining how the artificial intelligence works and what characteristics it uses to evaluate applicants; and (3) obtain written consent from the applicant to be evaluated by the artificial intelligence program. The Act further provides that employers may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis and would prohibit employers from sharing applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant’s fitness for a position.

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