Fair Play: Ethical AI in Talent Acquisition

How to Get AI Ready for a Secure and Efficient Recruitment Process

The buzz around the ever-evolving intelligence and pace of AI has helped it become a pervasive force at work and at play. With its boundless intrigue, AI incites both excitement and unease as individuals and industries alike endeavor to make sense of this groundbreaking technology and choose and use it wisely.

A recent AMS poll found that respondents were most eager for expert advice about the risks and benefits of AI in talent acquisition. While AI is reinventing the hiring process, TA leaders must never lose sight of its potential risks — as the saying goes, “with great power comes great responsibility.” In this guide, we will explore the significance and importance of ethical AI, and how best to mitigate the risks in talent acquisition to ensure responsible and compliant deployment.

Your Ethical AI Journey: An Overview

Practical Steps for TA Leaders

Develop a Comprehensive AI Strategy

Identify where AI will have the most impact and ensure it aligns with your organizational goals and values.

Establish Governance and Accountability

Set up risk assessments, conduct regular audits and create clear policies for ethical AI use.

Upskilling and Change Management

Ensure your TA teams are trained not just in using AI tools but in understanding the ethical and responsible frameworks guiding their use.

Partner with Experts

Work with consultants or third parties to evaluate risks and optimize the integration of AI.

Ethical AI in Talent Acquisition: Its Importance

With its dynamic and complex environment, characterized by numerous critical deadlines, talent acquisition is perfectly suited for AI transformation. In fact, following the debut of ChatGPT in late 2022, forward-thinking TA teams are already using generative AI tools to heighten efficiency, lighten recruiters’ workloads and enhance their abilities. Using AI in TA can lead to many important ethical outcomes, including:

Improved Accessibility: AI can enhance accessibility and grammar on printed and digital materials, that can create a better work environment for individuals with dyslexia, vision and hearing impairments, and physical disabilities via voice-controlled systems and adaptive hardware.

Bias Reduction and Increased Diversity: If trained in an ethical manner, AI can minimize bias by focusing on merit rather than irrelevant demographic factors, such as name, race, gender, ethnicity, appearance and age. Instead, hiring managers can focus on a candidate’s skills, expertise and interaction during live or virtual interviews. When AI is designed and deployed with ethical considerations in mind, it can promote diversity, ensuring fair treatment and creating more inclusive hiring processes.

Enhanced Data Safety and Privacy: Safety protocols like encryption, secure data storage and strict access controls help ensure that employee and candidate data are protected from breaches and misuse. Safe AI tools also help organizations comply with regulations and privacy law, minimizing legal risks.

Increased Accountability: Explainability is a requirement to ensure you are using AI compliantly. Understanding how your AI tool influences candidate selection, evaluation, and hiring recommendations means you can articulate the reasoning or logic behind an AI-enabled decision to candidates, colleagues and other stakeholders. It also ensures the TA professionals have insight into how and why decisions were made, so the AI is not operating in a vacuum.

Informed Decision-Making: With proper implementation and monitoring, AI provides actionable, data-driven insights, enabling recruiters to make more informed hiring decisions. By analyzing trends and performance data, it can help refine and optimize talent acquisition strategies over time.

Task Optimization Enabling Human Impact: By automating time-consuming and repetitive tasks like answering candidate questions or scheduling interviews, ethical AI tools can handle a large volume of tasks and free employers to focus on meaningful human interactions. This can create more transparent and authentic hiring processes and experiences.

Ethical and Responsible AI: The Background

AI can evolve talent acquisition, but improper use poses risk to fairness, trust and legal compliance. Ethical and responsible AI are complementary frameworks to ensure fair, safe and effective deployment of AI. Understanding the meaning behind the way we refer to these topics is a good place to start.

So, what’s the difference between Ethical AI and Responsible AI?

Ethical AI:

Focuses on high-level principles like fairness, non-discrimination, and respect for human rights.

Example: Ensuring that AI models do not disadvantage specific groups based on race, gender, or other protected characteristics.

Responsible AI:

Operationalizes ethical principles through governance, accountability, and compliance with regulations.

Example: Regular AI audits to identify and mitigate biases, ensuring models comply with data protection laws.

“Today’s TA leaders need to be certain that they're operating within the boundaries of both Ethical AI and Responsible AI when using these tools in the recruitment process. For a successful AI deployment, TA leaders need to surround themselves with a team of experts in process design, change management and upskilling to incorporate new technologies. This will help make sure they avoid common pitfalls that could arise with AI tools.”

Luke Kohlrieser, Head of Technology & Analytics Talent Consulting

Responsible AI: The Global Governance Environment

As AI use continues to rapidly expand into the recruitment process and beyond, it is vital to recognize and address the various safety considerations associated with its use. The sweeping EU AI Act is at the forefront of establishing a comprehensive regulatory framework for AI. With its categorization of AI applications into a four-tier classification system based on risk level, it is setting a precedent for using AI safely.

Unacceptable Risk

This category includes AI systems that pose a clear threat to safety, rights, or livelihoods. These systems are prohibited, along with those that manipulate human behavior.

Examples include systems that manipulate behavior subliminally, exploit vulnerabilities of individuals, categorize people based on sensitive characteristics.

High Risk

These AI systems significantly affect safety or fundamental human rights and require strict compliance measures.

Examples include AI used in recruitment tools, making decisions on promotions, task allocation and performance monitoring. They must undergo rigorous assessments and ensure transparency and accountability.

Limited Risk

AI applications in this category pose minimal risk. While they still require transparency (e.g., informing users they are interacting with AI), the compliance obligations are lighter.

Examples include chatbots or AI-driven customer service tools.

Minimal or No Risk

This category encompasses AI systems that pose little to no risk to people using these solutions.

These systems can operate without regulatory oversight, such as spam filters or AI for basic data processing tasks.

In the absence of federal regulations, the United States is using the EU AI Act as a reference point. Meanwhile, state-level regulations are emerging, such as the Colorado AI Act, which incorporates several principles from the EU AI Act. Additionally, states like California and Illinois may soon implement regulations similar to New York’s Local Law 144, which governs the use of automated employment decision tools (AEDT). Canada is advancing its own AI legislation through the Artificial Intelligence and Data Act (AIDA), and a continued collaboration with industry experts and the public to shape effective regulations.

As the global AI regulatory landscape continues to evolve — and more laws are coming — planning is important. If you set the stage now for your ethical AI roadmap, and conduct the right audits, you will have an easier time responding to the changes that come with laws and data protection standards as new elements are introduced.

Here is a brief list of AMS analysis of recent AI laws:

Who Owns the Risk in an AI Anti-Bias Audit?

Recruiters using AI must still obey civil rights laws: Guidance from the EEOC

EEOC Commissioner: Recruiters must avoid AI recruiting tools that intentionally select candidates based upon their protected characteristics

“The regulatory framework for AI is becoming increasingly fragmented as Governments around the world race to keep up with both anticipated and unanticipated impacts of AI use.  For talent professionals, this means they have to keep abreast of a changing environment from both a legal regulation and an ethical AI use perspective. Against this backdrop, the role of talent teams is being elevated as they work closely with their compliance, governance and legal teams to ensure new guidelines and regulatory frameworks are enforced across geographies.” 

Gordon Bull, Chief Legal, Risk and Compliance Officer

Ethical and Responsible AI: Hiring Process Considerations

Using AI to handle daily tasks for you is helpful in HR, but AI can do much more than manage time-consuming tasks. This technology could enhance fairness in the hiring process by eliminating bias and identifying candidates from diverse backgrounds, who may have been overlooked in a traditional hiring process.

By using AI, TA leaders can ensure that every effort was taken to hire the right person with no regard to their race, gender, religious background and other factors. Instead, AI can focus on hiring the right person for the job.

AI in hiring goes beyond the recruitment process itself and can contribute to culture-building and supporting DEIB initiatives and goals. For example, AI can help create structured and consistent questions for all candidates, thereby reducing inconsistencies in the interview process that might introduce bias. A selection of AI tools can analyze language and patterns in job descriptions, candidate outreach and interview questions that identify and remove bias. This helps TAs avoid terms and phrases that may unintentionally thwart candidates from underrepresented groups seeking employment.

One of the ways you can plan to hire safely is by identifying an ethical AI problem that resonates with you and identify what next to explore:

Select an ethical statement that is relevant to your organization:

“We don’t want to replace human judgement with AI.”

You can:

• Ensure you have done the proper strategic planning to understand how your goals line up with ethical AI safeguards
• Learn how AI safely functions in screening and assessment tools
• Plan for data security with regards to AI usage
• Leverage controlled pilot programs to ensure AI adoption at a manageable pace.

“How do we ensure we don’t run into legislative or compliance issues down the line.”

You can:

• Assess your current state of AI usage and discover any areas that are out of balance with upcoming legislation
• Put the right foundations in place to ensure a smooth execution of AI initiatives
• Leverage upskilling to ensure AI Is aligned properly with your business

“We’re looking to leverage AI for maximum impact, even if its new territory.”

You can:

• Look at your end-to-end process for AI usage. Is it organized in a way that will deliver the transformation you are hoping for while maintaining a regulatory framework?
• Have an advanced understanding of data and insights as it relates to AI
• Look at using AI and automation-assisted branding to scale your brand strategies while maintaining a unique tone of voice.

Staying Ahead: Empower Your Workforce with Ethical AI Skills

To fully leverage AI’s potential to streamline processes, improve decision-making, and enhance candidate experiences, organizations must prioritize ethical AI training for their talent acquisition teams. Training staff who use AI is not only a legal obligation under the AI Act but also a strategic necessity. “Without proper upskilling, teams risk falling behind in a rapidly changing landscape where competitors may gain the upper hand by adopting ethical AI more quickly and effectively,” says Nicola Matson, Head of Technology & Analytics Advisory (UKI & EMEA). “Upskilling isn’t just about learning to use new tools—it’s about fostering a mindset that embraces innovation and ethical considerations,” she adds. “Failure to invest in AI upskilling could leave organizations and their employees at a disadvantage, both in terms of productivity and career growth.”

To stay competitive, companies must recognize that AI is not just a tool—it’s a strategic advantage that must be used responsibly. Preparing your team with the knowledge and skills to work alongside ethical AI ensures that they can confidently navigate the future of talent acquisition and remain at the forefront of industry innovation.

Navigating the Ethical AI Landscape: Get Expert Strategic Guidance

As a talent acquisition leader, AMS has the expertise to help organizations on their AI journey. When a TA team implements an AI tool, they are adopting a capability – but deploying it ethically requires strategic guidance from experts who know how to integrate AI into the hiring process responsibly. “There’s plenty of work and governance to get ready,” says Laurie Padua, Managing Director, Talent Consulting at AMS. “Partnering with an organization like AMS can help you to identify risk and embed ethical AI into your processes and people to facilitate change and drive outcomes safely.” This means creating structure and rules around AI with an expert to establish clear guidelines and protocols, ensuring its responsible use and continual optimization.

“TA leaders know hiring and AMS knows about the cutting-edge innovations that can help them find and retain the right talent for the coming decade. When navigating through uncharted waters, you want someone at the helm who has the experience and expertise to ensure a safe journey.”

Laurie Padua, Managing Director, Talent Consulting, AMS

Talent consulting for AI is crucial to your governance framework and ethical strategy because it ensures the responsible and effective integration of AI technologies within your organization. By working with experienced consultants, you can align AI initiatives with ethical guidelines, minimize risks and maintain transparency in decision-making. Talent consultants help identify the right skills and expertise, promote fairness and ensure compliance with regulations, which is vital for building trust, mitigating bias and fostering accountability as AI becomes increasingly embedded in organizational processes. Ultimately, it strengthens your ability to govern AI use responsibly and ethically.

Conclusion

In today’s rapidly evolving landscape, the pace of AI innovation is accelerating and its impact on talent acquisition is profound. To remain competitive, organizations must adopt AI swiftly and strategically. But speed without a robust ethical and responsible framework can lead to serious risks—legal, reputational and operational.

At AMS, we specialize in guiding organizations through the complexities of integrating AI into talent acquisition. Whether you’re just beginning to explore AI or looking to optimize its use, we provide comprehensive support at every stage. From initial strategy workshops and risk assessments to implementation, governance and ongoing enhancements, our experts ensure that your AI deployment is not only effective but also ethical and compliant.

Start your journey to using ethical AI with

AMS Talent Consulting.