The Perils of Algorithmic Hiring and Title VII
based on review of information about the job . 67 The study must be technically feasible , 68 which , with the modern computer power-backing algorithmic hiring , a large number of test become feasible . However , the criteria used should be relevant to the job , or group of jobs in question . 69 They must represent critical or important job duties and work behaviors developed from a review of job information . 70 Bias must also be considered in all areas of criteria selection , application , and subjective evaluation . 71 For companies used to working with marketing data , the legal requirements for using similar tools for employment contexts can be full of potential pitfalls . Attempting to ensure the testing procedure is in full compliance with the requirements of all technical standards for validity studies 72 is daunting . Even if fully successful a selection procedure , even if fully validated against job performance , cannot be imposed upon members of a race , sex , or ethnic group where other applicants have not been subjected to that standard or one that denies the same employment , promotion , membership , or other employment opportunities as have been available to other employees or applicants . 73
Distilled down to its essence , algorithmic hiring problems are very similar to the issues the Supreme Court faced in Griggs versus Duke Power Co . In Griggs , African-American workers fought against the discriminatory effect of requiring a high school education , as well as satisfactory scores on two professionally prepared aptitude tests . Existing employees could seek promotion into certain departments only after passing these aptitude tests . In the opinion , Chief Justice Burger famously said “ The objective of Congress in the enactment of Title VII is plain from the language of the statute . It was to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees . Under the
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