Adam S. Forman, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s Chicago and Detroit offices, was quoted in Bloomberg BNA Electronic Commerce & Law Report, in “Do Talent Selection Technologies Pose Age, Disability Discrimination Risks?” by Alexis Kramer.

Following is an excerpt:

Title VII of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color, national origin, sex, and religion in the workplace. Title VII prohibits employment tests that appear neutral but have the effect of disproportionately excluding a protected class, unless the challenged practice is related to the applied for job and is consistent with business necessity.

Forman said the algorithms that talent selection technologies use to make hiring recommendations appear to be facially neutral, but they could have an adverse impact on protected categories of people. For example, mobile app games might exclude older applicants who may be unfamiliar with downloading and playing an app, or applicants with a disability, if the app is not accessible, he said.


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