Artificial intelligence (AI)-assisted hiring tools have increasingly become essential to hiring and recruitment for companies nationwide. While these tools can help streamline and speed up the hiring process, inherent biases built into these technologies continue to exclude qualified disabled applicants from employment despite existing federal protections under the Americans with Disabilities Act.

Approximately 70% of companies now rely on automated tools for scoring candidates and conducting background checks, and AI-enabled tools are matching skills to jobs. (1) It was further reported that 99% of Fortune 500 companies use an Automated Tracking System (ATS) powered by AI, machine learning, and natural language processing technologies. (2)

There are several ways in which AI-powered hiring tools continue to exclude applicants with disabilities:

• AI analysis of video interviews may determine that an applicant’s speech impediment or unconventional speech pattern means that they speak poorly or lack proper speaking skills.
• Facial tracking technology may interpret a person’s lack of eye contact as an inability to maintain focus or take situations seriously.
• Medically acceptable leaves of absence are legally protected. However, AI-assisted hiring tools may see these gaps in employment and exclude applicants.
• Personality or aptitude tests are built on profiles of employees without disabilities. If a person with a disability diverges from what AI considers a “typical” employee, they are often excluded from moving forward in the interview process.

To increase inclusivity in the hiring process for disabled Americans, the US Department of Labor recently released a new tool designed to support the inclusive use of artificial intelligence in employers’ hiring technology and to increase benefits to disabled job seekers. The AI & Inclusive Hiring Framework includes ten focus areas that impact the recruitment and hiring of people with disabilities. Some of these focus areas include identifying employment and accessibility legal requirements, establishing roles, responsibilities, and training, assessing possible positive and negative impacts, and ensuring effective human oversight. (3)

“There are a lot of misconceptions that exist regarding employees with intellectual and developmental disabilities (IDD),” says Dr. Craig Escudé, President of IntellectAbility. “We know that people with disabilities are frequently more punctual. They’re very happy and eager to show up for work, and they can often be as productive, if not more productive than their co-workers. They also typically do not require the extreme level of accommodations or extra support many employers think they might need.”

IntellectAbility provides tools and training to agencies, governmental entities, and supporters of people with intellectual and developmental disabilities to improve health and quality of life.

“In general, there’s a bias against people with intellectual and developmental disabilities. When we have misbeliefs that people with disabilities aren’t productive or can’t communicate well or that their quality of life is less than the quality of life of those without disabilities, we’re automatically going to discriminate against them, even if it’s unconscious, says Dr. Escudé. “It is important that we ensure that hiring software does not use these biases against eligible disabled applicants who want the same thing as all of us, to be respected and appreciated members of their communities.”

If disabled applicants feel they have been excluded from the hiring process, there are options. According to Eric Pines, Esq., a federal employment lawyer who specializes in representing disabled federal employees, the first step is trying to resolve the matter with the hiring authority or HR person designated to handle these issues.

“If the matter can’t be resolved, applicants could file a lawsuit based on the Americans with Disabilities Act in court or before the Equal Employment Opportunity Commission,” says Pines. “By definition, having a disability has no bearing on whether or not you can perform or excel in a particular position. Whether the person has the knowledge, skills, and abilities to perform the job is what matters.”

IntellectAbility provides tools and training to agencies, governmental entities, and supporters of people with intellectual and developmental disabilities to foster early recognition and mitigation of health risks, thereby improving health and wellness. One such tool is the Health Risk Screening Tool (HRST), of which they are the sole developer, producer, and distributor. The web-based HRST is the most widely used and validated health risk screening instrument for people with intellectual and developmental disabilities. IntellectAbility also provides numerous health-related and person-centered service training for supporters of people with IDD. With an unrelenting focus, IntellectAbility works to fulfill its mission of improving health and quality of life for people with intellectual and developmental disabilities and other at-risk populations. For more information, visit www.ReplacingRisk.com

Sources:

1. https://www.fastcompany.com/90831648/ai-powered-speed-hiring-could-get-you-an-instant-job-but-are-employers-moving-too-fast
2. https://www.hbs.edu/managing-the-future-of-work/Documents/research/hiddenworkers09032021.pdf
3. https://www.peatworks.org/ai-inclusive-hiring-framework/