Technology has transformed the hiring process, with many employers now using artificial intelligence (AI) and automated tools to screen resumes, rank candidates, and even conduct interviews. While these innovations promise efficiency, they also introduce serious risks—particularly when it comes to bias and discrimination. If AI hiring tools are not carefully designed and monitored, they can unintentionally reinforce existing biases, leading to unlawful discrimination against job applicants.

How AI Hiring Tools Work

AI-driven hiring systems use machine learning algorithms to analyze resumes, assess candidates’ qualifications, and even predict their potential success in a role. These tools rely on vast amounts of data to make hiring decisions, often scanning for keywords, ranking applicants based on previous hiring patterns, or evaluating facial expressions and speech in recorded interviews.

However, the data these systems use is not always neutral. If past hiring practices were biased—favoring certain demographics over others—the AI may learn and replicate these discriminatory patterns, excluding qualified candidates based on race, gender, age, disability, or other protected characteristics.

Examples of Algorithmic Bias in Hiring

AI hiring discrimination is not just theoretical; real-world examples highlight its dangers:

  • Gender Bias in Resume Screening: A major tech company discontinued its AI hiring tool after it was found to downgrade resumes that contained words associated with women, such as “women’s soccer team captain.”
  • Racial Bias in Candidate Rankings: Some AI systems have been found to favor applicants with names traditionally associated with certain racial groups while disadvantaging others.
  • Discrimination Against Older Workers: AI hiring platforms that prioritize recent graduation dates or analyze online presence may inadvertently discriminate against older job seekers.

Massachusetts-Specific AI Hiring Regulations

Massachusetts is taking proactive steps to regulate AI in employment decisions, particularly in hiring. Employers in the state should be aware of emerging laws and regulatory guidance designed to ensure transparency and fairness in AI hiring tools.

  • Artificial Intelligence Accountability and Consumer Protection Act (HD 396): This proposed law would impose obligations on employers using AI-driven hiring tools, requiring risk management programs, impact assessments, and transparency in automated decision-making.
  • Attorney General’s Advisory on AI Use: Massachusetts Attorney General Andrea Joy Campbell issued guidance confirming that existing consumer protection, anti-discrimination, and data security laws apply to AI hiring practices. Employers must ensure AI-driven hiring does not result in discriminatory outcomes.
  • Workplace Technology Accountability Act (HD 3051): This proposed legislation aims to regulate workplace technology, including AI hiring tools. It would require transparency in automated hiring decisions, limit the use of AI-driven applicant tracking, and mandate impact assessments to prevent bias.

* New legislature/bills are pending as of Spring 2025, please take note.

What Can Job Seekers Do If They Suspect AI Bias?

If you believe you were unfairly rejected due to an AI hiring tool, consider the following steps:

  1. Request Feedback: Ask the employer how hiring decisions were made and whether an AI system was used.
  2. Document Your Experience: Keep records of job postings, applications, and any communication with the employer.
  3. Consider fillingFile a Complaint: In Massachusetts, you can file a discrimination complaint with the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC).
  4. Seek Legal Guidance: An employment law attorney can help determine if you have a case and guide you through the process.

How Greene and Hafer Can Help

At Greene and Hafer, we stay at the forefront of emerging employment law issues, including the challenges posed by AI-driven hiring practices. If you suspect you were unfairly rejected from a job due to algorithmic bias, we can help you understand your rights and take action. Contact us today for a consultation to discuss your case and protect your future employment opportunities.