Algorithm-Driven Hiring Tools: Innovative Recruitment or Expedited Disability Discrimination

Employers use algorithm-driven hiring tools as a fast and efficient way to process job applications in large numbers. Job-seekers are increasingly asked to record videos (that employers mine for facial and vocal cues), complete online tests (that are used to evaluate their optimism and attention span), and submit online resumes (that employers may use to reject job-seekers due to gaps in work history). Unfortunately, many algorithm-driven hiring tools fail to meet the Americans with Disabilities Act’s (ADA) prohibitions against the use of hiring processes that discriminate on the basis of disability. This paper seeks to highlight how hiring tools may affect people with disabilities, the legal liability employers may face for using such tools, and concrete steps for employers and vendors to mitigate the risks of disability discrimination by algorithm-driven hiring tools.