1.
THEHRPULSE:
NEWAIREGULATIONS
ONTHERISE
WEBINAREXCLUSIVE
JANUARY 24, 2023
9:30 AM PT
12:30 PM ET
5:30 PM GMT

2.
03
Started and run by an experienced and successful group of
digital media entrepreneurs, Aggregage is re-imagining and
building out the next generation of business media in a way
that meets the needs and expectations of today’s business
professionals and B2B marketers. Using social media,
machine intelligence/smart algorithms and big data,
Aggregage’s ever-growing portfolio of industry-sector
focused verticals delivers the most engaging and relevant
content to each industry’s professionals.
To learn more, visit www.Aggregage.com
The Next Generation
of B2B Media

3.
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4.
THEHRPULSE:
NEWAIREGULATIONS
ONTHERISE
WEBINAREXCLUSIVE

5.
Artificial Intelligence
• HR Tech is a $20 BILLION industry
• National Artificial Intelligence Initiative
Act of 2020 defines as a “machine-based
system that can, for a given set of
human-defined objectives, make
predictions, recommendations or
decisions influencing real or virtual
environments.”
• AI will affect every facet of the employee
lifecycle
• Potential for new regulations & a new
frontier for litigation

6.
AI & Analytic Forms
• Text analytics
• Audio & video analytics
• Usage analytics
• Predictive modeling

7.
Use Today
• Recruiting:
–Analyzing candidate pools
–Finding candidates
–Background checks
• Employee:
–Determining productivity
–Monitoring for security risks
–Determining potential
–Compensation analysis
–Potential flight risks
–Succession planning
• Post-employment:
–Use of confidential information
–Network analysis for solicitation

8.
Problems
• Are the factors correlations?
–Particularly for machine learning as more
learning affects the analysis
–What is job-related?
• Is the data any good or useful?
–“All HR data is bad data”
–Contains multitudes of bias
–Is the data accurate or complete?
• Will we know how it works?
–Black boxes?
–Ability to test or share it?
• How can we verify not biased?

9.
The Law
• The law is bad & slow
• Discrimination
– Disparate treatment doesn’t quite work
– Disparate impact doesn’t quite work
– Another option?
• Privacy
– EU & California leading the law on the use of employee data
– Allow employees to control their data to a certain extent
– If using private data, does the employee/candidate know &
give meaningful consent?
– Do they understand what it is they are consenting to?
– Get around the regulations by anonymizing?

10.
How the Bill of Rights Works
• Two-part test:
–Automated systems that
–Have the potential to meaningfully impact the
American public’s rights, opportunities, or access to
critical resources or services
• Civil rights & liberties
• Privacy
• Equal opportunities
• Critical resources & services

11.
California Consumer Privacy Act
• Privacy law designed to ”give agency” to
individuals over their own data
• Includes data collected by employers
• Rights
–To know
–Opt out of sale or sharing
–Opt out of automated decision making
–Correction
–Deletion
–Limit use of sensitive

12.
NYC AI in Employment Decisions
• Subject automated employment decision tools to a
bias audit within one year of its use
• Ensure that the results of such audits are publicly
available
• Provide particular notices to job candidates
regarding the employer’s use of these tools
• Allow candidates or employees to potentially
request alternative evaluation processes as an
accommodation
• Enforcement delayed until April 2023

13.
Amazon Example
• Amazon is huge into automation
• Reviewing resumes/applications is a long, labor-
intensive endeavor
• Review 100 candidates, spit out the top five
• The tool learned Amazon preferred men
• Tried to fix this – remove proxies for gender
• Still a problem
• Scrapped the program in 2018
• Some tech company is trying to do this

14.
Privacy: Illinois AI Interview
• Notify applicants that AI will be used in their video
interviews.
• Explain to applicants how the AI works & what
characteristics the AI will be tracking in relation to their
fitness for the position.
• Obtain the applicant’s consent to use AI to evaluate the
candidate.
• Only share the video interview with those who have AI
expertise needed to evaluate the candidate and must
otherwise keep the video confidential.
• Employers must comply with an applicant’s request to
destroy their interview video within 30 days

15.
HireVue
• HireVue is a video-interviewing platform
that added AI to conduct analysis on the
videos themselves
• Word choice, word complexity, facial
analysis, eye contact all used as factors to
determine candidate rating
• Finally, conducted analysis on whether bias
could play a part
• 😱 😱 😱 😱 it did!!
• Announcement 1 year after stopped using it

16.
To Ask A Vendor
• Has the process demonstrated adverse impact?
• What validation evidence has been collected to establish
the job relatedness of the algorithm? For each job?
• Does the validation evidence comply with the
requirements of UGESP? Get a copy of the validation
study
• Does it use an adverse bias mechanism to test for bias?
• What is the data security?
• How anonymized?
• What kind of ongoing monitoring do you provide as we
continue using it?
• Contracting:
– Vendor provides supervised training
– Required to provide information if litigation or agency review
occurs
– Avoid indemnification language or ask for your org to be
indemnified

17.
Takeaways
• AI is coming
• So are the laws & regulations… eventually
• Assess where you’re at right now
– What data do you or your vendor have?
– How are you using it?
– Any AI right this second?
– Determine whether to evaluate
• Employer is ALWAYS responsible for employment
decisions – NOT a vendor

18.
CEO and Founder of k8bisch
LLC (formerly tHRive Law &
Consulting)
Kate Bischoff
/in/k8bisch/
k8bisch.com
/
Webinar Production Manager
Human Resources Today
Rayvonne
Carter
/in/rayvonnecarter/
HumanResources
Today.com
Q&A