107 Iowa L. Rev. 817 (2022)

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Abstract

Employers have incorporated Artificial Intelligence (“AI”) into the hiring process through asynchronous video interviews that evaluate candidates’ characteristics and fit for the position through vocal cues and facial and other non-verbal gestures. While the AI is able to eliminate normal human bias in the interview process it leads to other issues such as algorithmic bias and data privacy issues. The AI vendors and employers have mainly been left to self-regulate except for the recent enactment of Illinois’s Artificial Intelligence Video Interview Act. Other state legislatures should follow Illinois’s path and create their own legislation that incorporate the benefits of Illinois’s statute while expanding its scope to further protect job applicants. For states to properly protect job applicants, the legislation should include provisions on informed consent from the applicant to participate in the interview, data privacy rights given to the applicants, and accountability systems to protect against algorithmic bias.