5. AVOID BLOATED JOB DESCRIPTIONS Overly broad job postings that mix “must-haves” with “nice-to-haves” create data noise, making it harder for AI to identify true qualifications. This can lead models to weigh irrelevant factors (such as educational pedigree or resume formatting), amplifying bias. The solution is to provide cleaner, more focused job data. 6. STRENGTHEN VENDOR DUE DILIGENCE Vet vendors thoroughly. Require contractual assurances on data quality, explainability, audit access, and strict limits on data use and retention. Ensure vendors comply with privacy, notice and consent requirements, especially when tools capture biometric-like data (e.g., voice, facial movement). 7. COMPLY WITH EMERGING REGULATIONS Determine if the tool qualifies as an automated decision tool (ADT) under laws like NYC Local Law 144, California’s pending ADMT regulations, Illinois’s AI Video Interview Act or Colorado’s upcoming law. Complete required audits, notices and candidate disclosures. 8. MAINTAIN HUMAN OVERSIGHT AI should inform — not replace — human judgment. Someone in your hiring loop should review AI-generated scores or recommendations and retain authority to override automated decisions. Document when and why human intervention occurs. 9. STANDARDIZE AND ACCOMMODATE For tools like AI video interviews, standardize the experience by providing the same questions, prompts and instructions for all candidates. Provide technical guidance and offer accommodations for disabilities to avoid ADA risks. 10. ENSURE CANDIDATE TRANSPARENCY Disclose AI use to candidates and offer non-AI alternatives when possible. Transparency builds trust and is increasingly required by law. CONCLUSION We will continue to monitor developments related to AI hiring tools. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. If you have questions about your organization’s use of AI in recruiting or hiring, contact your Fisher Phillips attorney, the authors of this article, or any attorney in our AI, Data and Analytics Practice Group. 01MK8375 01/26 Louisiana Blue gave me a care manager who works on our behalf. She’s wonderful. With her, you feel like you have somebody in your corner. Right Card. Right Care. Central “ “ 11
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