Adam S. Forman, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Detroit and Chicago offices, was quoted in the Bloomberg BNA Daily Labor Report, in “AI’s Eyes on Job Interviews Prompts Law on Disclosure, Data Use,” by Tyrone Richardson. (Read the full version – subscription is required.)

Following is an excerpt:

Job seekers may assume a video interview with human resources is person to person.

But there’s a growing chance that an artificial intelligence system is there, unseen, studying a candidate’s facial expressions, speech patterns and other gestures for clues such as their personality. The systems can score candidates with algorithms customized by what the company envisions as an ideal hire. 

The technology’s role has Illinois poised to be the first state, according to the National Conference of State Legislatures, to require companies to tell applicants that they’re being screened that way. Gov. J. B. Pritzker (D) is expected to sign the Artificial Intelligence Video Interview Act (H.B. 2557) into law. The bill would give applicants the option to have the video data deleted, as well as disclosing that AI is being used in the video interview. …

Other potential issues include allowing employers to continually review AI processes, as well as accommodate disabled people and people who may not have the technology to do a video interview. Companies, for example, could provide kiosks to properly conduct the interviews, Adam S. Forman, a Chicago-based employment attorney with Epstein Becker Green, said.

Forman cautioned that the Illinois legislation will spur more efforts to regulate AI.

“I think regulation and statues like this are the beginning, not the end,” he said.

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