The ACLU recently fired a clear warning shot to employers by asking the FTC to investigate a personality assessment test, a video interview tool, and a cognitive ability assessment screening device – all powered by artificial intelligence – because of alleged discrimination. The May 30 complaint follows the ACLU filing a charge with the EEOC over the same AI tools, alleging they unfairly screen out applicants with disabilities and unfairly target those with certain racial backgrounds. What do employers and AI developers need to know about these aggressive maneuvers and how should employers adjust when it comes to hiring?
3 Hiring Tools Targeted by ACLU
The three tools under attack were developed by Aon Consulting, a major player in the assessment field.
• Personality Assessment Test – The ADEPT15 is a scientifically based assessment tool that has been administered to applicants and workers over 8 million times. It uses algorithmic processes to assess broad workstyles and determine how a worker performs tasks, adapts to changes, performs in a team, and more. The developer says using this tool, which can be completed in about 25 minutes, allows employers to uncover hidden traits and talents to find the best fits for their organization.
• Video Interviewing Platform – The vidAssess-AI tool enables employers to conduct a video interview asynchronously, relying on a set of pre-developed questions presented to each candidate. The program identifies positive and negative indicators in each response, but does not record or score visual cues. The developer notes that the platform eliminates bias and introduces objectivity since each candidate has the same experience, without small talk, unstructured questions, or unconscious bias tainting the process.
• Cognitive Ability Test – The developer also uses gridChallenge, a gamified cognitive assessment tool powered by AI that assesses working memory – essentially testing how well a worker can process information in the presence of distractions or under stress.
Why Did the ACLU File With the FTC?
The ACLU’s complaint with the FTC centers around the developer’s claim that these hiring tools are “fair,” “bias free,” and “without adverse impact” – which the ACLU alleges amounts to a deceptive marketing tactic. It claims there is a representation, omission, or practice that is likely to mislead consumers – in this case, employers looking for an efficient and effective hiring experience – to their detriment.
It asks the agency to launch an investigation into the developer to determine whether it is engaging in unfair and deceptive acts and practices. It also seeks an order from the agency to force Aon to stop selling or administering these tools until these problems are fixed.