“I think I deserve to know what’s being collected about me and shared with employers,” plaintiff Eric Kistler said in an interview with the New York Times. “And they’re not giving me any feedback, so I can’t address the issue.”
A recently-filed lawsuit accuses Eightfold AI, an artificial intelligence-driven hiring platform, of violating the Fair Credit Reporting Act by compiling reports on job applicants without first obtaining their consents.
According to The New York Times, Eightfold sells its hiring platform and products to companies including Microsoft and PayPal. Using sources like LinkedIn, Eightfold AI has reportedly created a data set encompassing “more than 1 million job titles, 1 million skills, and the profiles of more than 1 billion people working in every job, profession, industry, and geography.”
After a candidate applies for a job, Eightfold’s software asses each applicant’s skills and compares their experience with the employer’s needs. Once the assessment is complete, the candidate is awarded points on a scale of one to five.
The lawsuit argues that this process has created a sort of “algorithmic gatekeeper” that prevents potential candidates from putting their resume in front of an actual hiring manager. Little feedback is provided to job-seekers, who have no way to correct or otherwise contest a rating.
“I think I deserve to know what’s being collected about me and shared with employers,” plaintiff Eric Kistler said in an interview with the New York Times. “And they’re not giving me any feedback, so I can’t address the issue.”
Attorneys for Kistler and her co-plaintiffs claim that most companies that use Eightfold’s tools never provide notice that they use artificial intelligence-driven screening tools. The lawsuit alleges that the lack of disclosures, coupled with the scope of Eightfold’s investigations, likely constitutes a violation of the Fair Credit Reporting Act.
“There is no AI-exemption to these laws, which have for decades been an essential tool in protecting job applicants from abuses by third parties—like background check companies—that profit by collecting information about and evaluating job applicants,” the lawsuit alleges.
Kurt Foeller, a spokesperson for Eightfold, told Reuters that the platform uses data that has been shared by candidates or provided by customers.
“We do not scrape social media and the like. We are deeply committed to responsible AI, transparency, and compliance with applicable data protection and employment laws,” Foeller said.
Sources
AI company Eightfold sued for helping companies secretly score job seekers
Job Applicants Sue to Open ‘Black Box’ of A.I. Hiring Decisions
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