We need more transparency and an option to appeal when AI is used in the hiring process

Hello,

My position was terminated at the start of the year and I've spent the last 7 months job searching, which has recently come to an end thankfully. Now, I am not someone who applies for everything willy-nilly as I look to look into the company, the culture, and prepare a targeted resume and mock interviews in advanced. This is the first time I've had to apply for a job in over a decade, so I was a bit rusty, but I was not expecting how different the process was.

During my search, I've observed posts on Reddit and heard personal stories from former coworkers where they would put hundreds of applications in and get ghosted, or denied automatically in seconds. It isn't fair to have to wait and not hear back. This happened to me as well and was frustrating to say the least. I was able to get in contact with a few individuals who told me that their system denied me due to as few as one of the requirements listed not being met, even if it would accept other experience instead. For example, one of the jobs declined me because I didn't have an active A+ certification, even though I have 15+ years of experience in IT doing much more advanced things and my A+ cert had expired. This got me thinking about the idea of legislature that would address this.

I present to you – “Hiring Integrity and Response Enhancement Act” or “HIRE Act”.

Note: this ironically was created with the help of AI to word things better as I suck at writing things professionally, however, the points and reasoning are my own. I originally designed it for my state of Kentucky, but later realized that it is a nationwide problem that needs broader legislature.

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Overview

The proposed bill aims to improve transparency and fairness in the hiring process for job applicants in the United States. It addresses the growing use of artificial intelligence (AI) in recruitment and ensures candidates are treated with respect and fairness.

Goals/Benefits

1. Transparency
   • Candidates will know when AI is used and what data influenced decisions,
     fostering trust in the hiring process.
2. Fairness
   • Provides candidates with a second chance for human evaluation, ensuring that
     qualified individuals are not overlooked due to AI limitations or biases.
3. Improved Candidate Experience
   • Acknowledging all applications and providing clear communication reduces
     stress and improves the overall job search experience for applicants.
4. Accountability
   • Encourages businesses to be more accountable for their hiring processes and
     the technologies they employ.

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Section #1 – Response to Job Applications

The purpose of this section is to ensure job seekers receive acknowledgement and closure, reducing uncertainty and frustration in the application process.

• All employers must provide a response to a job application, in written or electronic form, to every job application submitted, regardless of if the applicant is hired or not.

• The response must be provided within 30 days of application submission and must indicate the decision reached.

Section #2 – Disclosure of AI usage

The purpose of this section is to increase transparency and allows candidates to understand how their data is being used.

• All businesses must disclose to applications if AI was used in any part of screening or hiring process.

• The notification must include:

  • A clear statement that AI was used
  • A description of the data reviewed by AI
  • The outcome of the AI evaluation

Section #3 – Right to Appeal AI-Based Decisions

The purpose of this section is to ensure fairness by allowing candidates to have their applications reviewed by a human, mitigating biases or errors that might occur with AI algorithms.

• If an applicant is deemed not a good fit by AI, they must be informed of their right to
  appeal the decision.
• Upon request for an appeal, the business must conduct a human review of the
  applicant’s materials within 14 days.
• The result of the human review must be communicated to the applicant within 30 days of
  the appeal request

Section 4 – Penalties

• Businesses that fail to comply with this Act will be subject to fines determined by the Department of Labor

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Overall, this improves transparency and respects candidates' time when applying for jobs. One question I was considering is how this would affect the HR workload at various companies. As many companies do use third party systems in hiring, I feel most won't even notice the additional work it would take to notify people and it could likely be done automatically. Local mom and pop shops and other small businesses who do paper-only applications might be the most impacted, but a 30 second phone call or text message even would suffice. It also helps you know how your data is being used when applying for jobs, and could be augmented to indicate what data they used in the hiring decision too.