Hiring Discrimination Claims Involving AI Screening: What Job Applicants Need to Know

Maryland companies increasingly use artificial intelligence (AI) screening tools during recruitment and hiring. While AI-based screening isn’t inherently wrong, several instances show these tools making discriminatory decisions and producing discriminatory outcomes. In these cases, affected job applicants can (and should) take legal action with the help of an experienced Maryland employment attorney.

If an artificial intelligence (AI) screening tool has denied you a job opportunity, you are not alone. Maryland employers increasingly rely on these tools to sift through résumés and identify desirable job candidates.

Discrimination is a Very Real Concern with AI Screening Tools

Of course, having an AI screening tool cast your résumé aside does not necessarily mean you are unfit for the job. In today’s labor market, employers often receive dozens—if not hundreds—of applications for open positions, and some AI screening tools are more well-suited to their intended use than others.

Discrimination is also a very real concern.

While many employers rely heavily on AI screening tools, they far too often do so without considering the legal implications. Many AI platforms have been proven to have built-in biases, while others allow (if not encourage) employers to build in discriminatory screening qualifications. Although employers may try to avoid liability by claiming they relied on AI, Maryland law is clear: Employers are ultimately responsible for all employment-related decisions.

Do You Have a Hiring Discrimination Claim?

With this in mind, do you have a hiring discrimination claim?

If you believe you were wrongfully denied a job opportunity because an employer relied on AI, it’s worth talking to an experienced Maryland employment attorney about your legal rights. Maryland’s Fair Employment Practices Act (FEPA) prohibits employers from considering several protected characteristics during the hiring process—including age, ethnicity, race, and sex, among others. Reliance on AI is not an excuse for discriminating against job applicants; if you can show that an employer improperly relied on AI, you may be entitled to monetary compensation and/or other remedies.

FAQs: Job Applicants’ Rights Related to Employers’ Use of AI Screening Tools

What are some examples of discriminatory recruitment practices involving AI screening?

Discriminatory recruitment practices involving AI screening can take many different forms. Discrimination can occur at all stages of the recruitment process—from promoting open positions to making hiring decisions. Some examples include:

• Not showing job advertisements to members of a protected class
• AI chatbots making recommendations about applying based on protected characteristics
• Scanning résumés for keywords related to protected characteristics
• Scanning job applicants’ photos or video interview footage for protected characteristics
• Excluding job applicants with certain protected characteristics (i.e., those who are 40 or older)

Can Maryland employers be held liable if an AI screening tool discriminates against job applicants?

Maryland employers subject to the Fair Employment Practices Act (FEPA) and other anti-discrimination laws can be held liable for relying on discriminatory AI screening tools. When adopting these tools, employers must ensure they comply with the law.

How can I prove that I am a victim of hiring discrimination?

If you believe you may be a victim of hiring discrimination, keep all relevant documentation in your possession. Also, note why you suspect discrimination, and promptly schedule a consultation with an experienced Maryland employment attorney.

How Our Law Firm Can Help

Our attorneys help job applicants, employees, and former employees in Maryland file discrimination claims with the Maryland Commission on Civil Rights (MCCR) and the US Equal Employment Opportunity Commission (EEOC). If you have a claim, we can explain what you need to know and take appropriate legal action on your behalf. While cases involving AI screening tools present unique challenges, our firm has the capabilities and resources to handle them effectively, and we are prepared to do everything we can to secure a fair outcome.  

Discuss Your Legal Rights with an Experienced Maryland Employment Attorney

If you would like to discuss your case with an experienced Maryland employment attorney, please get in touch. Call us at 410-514-6099 or let us know how we can reach you online to schedule a confidential initial consultation with The Law Firm of J.W. Stafford, LLC.