The Rise of the Machines: How Artificial Intelligence Is Changing Hiring

June 13, 2016

For decades, books and movies have foretold the rise of the machines, imagining a world in which robots revolt and overtake their creators. To most, the concept of artificial intelligence (AI) still seems like the stuff of a science fiction future. However, the reality is that artificial intelligence is already here, and it’s something that most of us interact with every day.

In 2011, millions tuned in as IBM’s “Watson” defeated record-setting winner Ken Jennings on Jeopardy! Fourteen years earlier, IBM’s “Deep Blue” triumphed over world chess champion Garry Kasparov. Today, Google is developing a self-driving car, and Facebook  has an entire laboratory dedicated solely to artificial intelligence. Closer to home, at some point today, you or someone you know most likely asked Siri to provide information on command.

While artificial intelligence may strike fear in the hearts of many, it’s here to stay and, in practice, it’s far less scary than Hollywood would have us believe. In fact, it could even be the next best thing for your business.

How AI Works

Artificial intelligence is a complex science that can be difficult to define. Begun as an attempt to positively answer Alan Turing’s famous question, “Can machines think?,” AI, at its very core, aims to create a machine that can replicate the human brain and its thought processes. True success in the field of AI would be a machine that could use language, exercise reason and judgment, and, ultimately, learn and improve itself. Despite great advances to date, the field of AI still has a long way to go before achieving these goals.

Artificial intelligence, sometimes also referred to as machine learning or deep learning, is essentially a way of programming computers to analyze mountains of data and recognize things by producing their own internal rules that programmers are unable to define. This is largely achieved through sets of algorithms and layers of processing that attempt to mimic the thought processes of the human brain.

Much of AI revolves around image and pattern recognition. The machine will analyze thousands or millions of data points to find the best combinations to match sets of rules or outcomes predefined by programmers. Therefore, AI has potential uses for any business function that involves the review of large volumes of information.

Recent Trends in AI

One area that has recently seen some of the greatest growth in the use of AI is the interviewing and hiring of job candidates. The latest sector to turn to AI for recruiting is Wall Street. Some of the country’s largest banks, including Goldman Sachs, Morgan Stanley, Citigroup, and UBS, have recently expressed interest in using artificial intelligence software to vet the large crop of candidates vying for coveted positions at their companies.

At a time when banks are struggling to attract and keep top talent, while also facing increased pressure to cut costs, executives hope that turning to AI will cut back on the expenses associated with bad hires and high turnover rates. The driving idea is that hiring software is better equipped to evaluate applicants on traits that aren’t always discernible in resumes and interviews—intangible and subjective qualities such as curiosity, grit, or teamwork.

The chief goal is to find software that can predict which job applicants will be successful hires based on patterns developed from past hiring tests in relation to certain characteristics that have been flagged as desirable. The software and its algorithms are tailored to the particular company using them, as each bank or company has a different idea of what characteristics are necessary for success.

The Role of AI in the Hiring Process

Since AI is designed to handle large volumes of data, AI recruiting software will be most useful to large corporations with many positions to fill, or those that receive large quantities of resumes and cover letters, both solicited and unsolicited.

AI used in hiring takes various forms. One popular option is a video-interviewing platform that uses AI to screen applicants not only for the content of their answers, but also for aspects of their presentation, such as word choice, body language, and other delivery factors. Other software is designed to scour the Internet and compile exhaustive profiles of potential candidates based on social media sites and publicly available information.

It’s important to note, however, that companies have not yet completely transitioned the hiring process to computers. Most employers hesitate to use AI software to make ultimate hiring decisions. In most cases, AI is used as a complement to in-person interviews and other traditional screening processes. The real benefit of the software is the ability to take the time-consuming grunt work of reviewing the whole candidate pool out of the hands of humans and put it in the hands of super-fast machines.

While machines may narrow the applicant pool down to a few candidates, for the moment, humans are still deciding who ultimately gets the job.

The Benefits of Using AI for Hiring

  • Speed and Efficiency

Like all technology, AI’s greatest benefits come in the form of speed and efficiency. Imagine that one of the world’s hottest tech companies posts a job opening for a highly competitive and attractive position. It could take a human recruiter several days, if not weeks, to sift through the mountain of resumes and other materials received from interested candidates and narrow down the pool of people to be interviewed. This means that available positions frequently remain vacant for months before they are filled, translating to lost productivity and earnings for the company. AI software, on the other hand, could theoretically review millions of applications in a single day, drastically decreasing the amount of time lost in the hiring process.

  • More Data Can Be Considered

There’s no question that computers can analyze exponentially more data in significantly less time than humans can. Employers can capitalize on this speed by increasing the number of factors that are deemed important in choosing applicants.

Beyond simple word recognition, algorithms can help to identify potentially desirable candidates in ways that humans can’t, by correlating past job skills with new job needs. While specific experience may not appear on a resume, software can detect patterns in past experience that would predict success in learning specific new skills. Moreover, with software designed to exhaustively parse Internet histories, automated searches can quickly detect if candidates have unacceptable traits, such as being racist, sexist, or violent, or have ever engaged in illegal behaviors, such as drug use. This information may never have been found by humans who lack the time necessary to scroll through thousands of social media posts.

At the very least, software can efficiently eliminate applicants who clearly lack certain predefined skills that are essential to the job. Between mistakes and lost business opportunities, hiring the wrong person can cost a company millions of dollars. One of the largest driving forces behind the shift to AI at many companies is the desire to avoid these costly bad hires.

  • Increased Objectivity

While it may seem counterintuitive, some researchers postulate that machines are more capable than humans of analyzing candidates’ personalities and other unquantifiable characteristics. In fact, software developers claim that machines are not only capable of considering more information, but are also more objective about applicants than human recruiters are.

The idea behind machines’ so-called “objectivity” is that they are impervious to the personal biases that human recruiters bring to reviewing candidates and their responses. Unlike humans, the theory goes, computers will not eliminate candidates with the desired skill set simply because they also possess personality traits or certain other subjective characteristics that are irrelevant or unrelated to job performance. As a simple example, a computer will never reject a perfect applicant because he or she reminds the software of someone it used to hate.

The Downsides

  • A Human Element May Be Necessary

The obvious flip side to the benefit of impartiality is the loss of a certain, unquantifiable human element from the process. At most companies, there are still strong notions of “fit” or “culture” that play a major role in whether employees will succeed. These ideas usually defy definition, making it impossible for programmers to accurately create algorithms to identify them. AI is not yet capable of judging whether candidates will “fit in” at a company in the way that human interviewers can. Anyone who has put in long hours at the office knows that personality fit is hugely important to productivity and office morale.

  • Perpetuation of Biases

Contrary to the argument that machines are more objective than humans, some opponents of AI argue that software only serves to perpetuate already-existing biases in hiring. The undeniable fact is that AI functions on algorithms created by human programmers. Whether consciously or not, these programmers’ biases can be incorporated into the algorithms. This is especially true of algorithms that are created from existing hiring practices. If the existing practice is flawed or biased, the algorithm necessarily will be, too. The perpetuation of past hiring mistakes runs directly counter to the reason most companies are turning to AI—namely, to change current hiring practices and avoid the bad hires that have plagued them in the past.

  • Privacy Concerns

In a world where much of the job search process has become automated—gone are the days of reading want ads in the newspapers—the incorporation of AI shouldn’t come as much of a shock to most. Nonetheless, many people still hold some degree of false belief that their personal information, even that on the Internet, will somehow remain private. Whether it’s due to a lack of understanding of how social media works, or a naïve belief that potential employers won’t invest the time necessary to uncover questionable past posts, many people persist in deluding themselves that their social media activity will remain unseen, despite all indications to the contrary. With increased reliance on Internet-scouring AI, what used to be a chance of uncovering dirt has now become a near certainty.

  • Job Elimination

Perhaps the greatest fear in the world of developing AI is that machines will take away jobs, ultimately eliminating the need for humans in the workforce. Much like machinery eliminated many blue-collar jobs after the Industrial Revolution, many fear that AI will do the same in today’s white-collar world.

The harsh truth is that, inevitably, some jobs may be lost to AI. However, at least in the hiring realm, it’s unlikely that humans will ever be eliminated altogether. The algorithms used by AI are developed by people, and the input of hiring professionals who are familiar with amorphous notions of “fit” and “personality” will always be essential. Moreover, even with heavy use of AI, most companies are still relying on humans to make the final hiring decisions.

Rather than job elimination, the more likely effect of AI will be a shift in recruiters’ job roles, away from finding candidates and reviewing resumes to instead deciding which candidates identified by AI are the right hires. It seems highly unlikely that the in-person interview will completely disappear; rather, AI will serve to speed up the process that leads to it.

  • Liability Issues

A final consideration for the increased reliance on AI is the implications it may have for legal liability. Some experts have speculated that our liability rules will need to be changed or expanded now that we’re taking some decisions out of the hands of humans. If the computer makes a wrong decision and exposes a company to a potential discrimination suit, for example, who is liable? While the answer is likely some combination of the company and the developer, this is just one of many potential problems that will need to be address as AI expands into new realms. As intelligent as it may be, AI is still simply a tool that is used by humans who remain liable for any harm it may cause.

Into the Great Beyond

Researchers are just beginning to scratch the surface of the vast world of possibilities that AI could open. While it may look a lot less exciting than Hollywood predicted, artificial intelligence is a real thing and it seems that it’s here to stay. Recruiting and hiring will only become more automated as researchers continue to achieve greater advances in developing AI software.

Rather than resisting change, it’s time to embrace it and consider how AI can improve your business efficiency and help your bottom line.

By

Stephanie Wilkins is a writer, attorney, and photographer living in New York City. She earned her B.A. at the University of Notre Dame and her J.D. at New York University School of Law. Stephanie has been a commercial litigator at some of the largest law firms in New York.

Get Business Legal Updates

Please provide your full name.
Please provide a valid email address.
We respect your privacy, and we will never share your information. Unsubscribe at any time.

Related Publications

September 17, 2024
September 17, 2024
September 17, 2024
September 17, 2024
September 17, 2024
September 17, 2024
May 6, 2024
May 6, 2024
May 6, 2024
May 6, 2024
Legally Sound Smart Business cover art

Legally Sound Smart Business

A business podcast with a legal twist

Legally Sound Smart Business is a podcast by Pasha Law PC covering different topics in business advice and news with a legal twist with attorneys Nasir Pasha and Matt Staub.
Apple Podcast badge
Google Podcast badge
Spotify Podcast badge

Latest Episodes

November 21, 2023

In this episode, Nasir Pasha and Matt Staub explore the legal implications of Artificial Intelligence in the business world. They delve into the most talked-about issue of 2023: AI and its impact on the legal landscape. Although AI isn’t necessarily a new topic, it has many unanswered questions in the legal world. Nasir and Matt…

July 12, 2023

In this episode, Attorney Nasir Pasha and Attorney Matt Staub delve deep into the complexities of mass layoffs and offer valuable insights, real-life examples, and practical advice to employers grappling with the aftermath of such challenging situations. Nasir and Matt emphasize the critical importance of effective communication when executing mass layoffs. They stress the need…

January 9, 2023

As the COVID-19 pandemic swept across the globe, businesses scrambled to adapt to the new reality it presented. In this blog post, we dive into the case of Goldman Sachs, a financial services giant, to examine their response to the crisis and the lessons other businesses can learn from their return-to-office strategy. From prioritizing employee…

October 28, 2022

Full Podcast Transcript NASIR: Finally, my two favorite worlds have collided – both the law and the chess – right here at Memorial Park in Houston, Texas. Windy day. We have some background noise – ambient noise. What are the two worlds that collided? Well, Hans Neimann has sued Magnus Carlsen for defamation in one…

September 26, 2022

Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

July 7, 2022

Whether you are buying or selling a business, the transaction goes through the same steps. However, they are viewed from different perspectives. Sellers may not want to fully disclose all the blind spots while Buyers will want otherwise. Nasir and Matt battle it out in this Buyer vs. Seller to determine who has the advantage!…

May 12, 2022

When it comes to Restrictive Covenants, employers are fighting to keep their company safe while employees may use them to their advantage. Keep listening to find out if the Employer or the Employee wins this battle. Round 1: Trade Secrets A company’s trade secrets encompass a whole range of information and are one of the…

February 14, 2022

The Supreme Court rejected the nation’s vaccine mandate. Businesses with 100 or more employees are NOT required to have their employees vaccinated or go through weekly testings. However, this policy remains in effect for health care facilities. In this episode of Legally Sound | Smart Business, the team sat down to discuss their thoughts on this ruling.

December 1, 2021

In this episode of Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt cover the Business of Healthcare. There is more to the healthcare industry than just doctors and nurses. Many Americans have health insurance to cover their yearly needs, but most Americans are not aware of what really goes on behind…

October 12, 2021

In our latest episode, Nasir and Matt are covering the legal issues on Social Media. The average person spends most of their day on social media, whether they are scrolling for hours or publishing their own content. However, just because you publish your own content on Instagram does not equate to you owning that image….

September 28, 2021

What is a Non-Disclosure Agreement, and when do I need one? In this episode, Nasir and Matt shares why you need to use Non-Disclosure Agreements, basic facts about NDA’s, and discuss about the infamous Jenner-Woods story. Having the right Non-Disclosure Agreement in place not only protects you and your business, but it also makes the…

June 16, 2021

Covered in this episode of Legally Sound Smart Business are some typical business mistakes blunders small businesses often make and how to avoid them. Blunder #1: Copying and pasting agreements It may sound like a good idea at the time, but this blunder comes with hidden pitfalls. Having an attorney draft terms that are specific…

February 4, 2021

How you terminate an employee can make the difference between a graceful transition to avoidable negative outcomes like a dramatic exit or even a lawsuit. We gathered a panel of experts and asked them – is there a “right way” to fire an employee? We would like to thank our guests for this episode: Amr…

December 2, 2020

The COVID-19 pandemic has turned nearly every aspect of life on its head, and that certainly holds true for the business world. In this episode, Matt and Nasir explain how the early days of the pandemic felt like the Wild West and how the shifting legal playing field left a lot open to interpretation and…

November 16, 2020

After plenty of ups and downs, our buyer has finally closed on the purchase of their business. While we’re marking this down in the ‘wins’ column, it never hurts to review the game tape. In this final episode, our hosts, Matt Staub and Nasir Pasha, return to the deal almost a year later to reflect…

September 15, 2020

The ink is drying on the signature line and things are looking great for our buyer. After so much hard work, the finish line is in sight and the cheering within ear shot.   Though the landlord is still serving friction, things seem safe to move forward and for now, our buyer will be keeping…

July 31, 2020

Though things are coming along well, the journey would not be interesting if it was purely smooth sailing. After our buyer opens escrow, they are forced to push the closing date back when suddenly a letter from an attorney was received claiming the business, we are buying has a trade mark on the name!  Now…

June 12, 2020

With frustration at an all-time high and professionalism at an all-time low, our friend the Buyer has “had it” with the Seller and quite frankly their lack of knowledge. At present our Buyer is rightfully concerned that the latest misstep from our loose-lipped Seller will threaten not only the entire operation of the businesses but…

May 11, 2020

As we go deeper into the buying process, we start to uncover more challenges from our seller and encounter some of the wrenches they are tossing our way. When we last left off in episode three our team was knee deep in due diligence for our buyer, had already penned and signed the Letter of…

April 4, 2020

One word–interloper! When a new mysterious broker enters the transaction and starts to kick up dust, Nasir and Matt take the reins. The seller signed off on the letter of intent (see episode 2), yet this “business broker” serves only friction and challenges by refusing to send financials, whilst demanding more of a firm commitment…

April 4, 2020

Just as most stories and deals start out, everyone is optimistic, idealistic and full of hope for clear skies. It’s a perfect outlook with a perfect setup for the ups and downs yet to come. Peek further behind the curtain and into the first steps of buying a business: the letter of intent. After the…

April 4, 2020

When a savvy buyer hears opportunity knocking to purchase a prime positioned business, she decides not to go it alone and taps in the professionals to help navigate what could potentially be a fruitful acquisition. “Behind the Buy” is a truly rare and exclusive peak into the actual process, dangers, pitfalls and achievements, that can…

August 7, 2019

GrubHub is subject to two “matters of controversy” that have likely become common knowledge to business owners: “fake” orders and unfriendly microsites.

May 28, 2019

In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry’s business on the internet. Resources A good 50-state survey for data breach notifications as of July 2018. California Auto-Renewal Law (July 2018) Privacy Policies Law by State Why Users of Ashley Madison May Not Sue for Data Breach [e210] Ultimate…

March 12, 2019

In recording this episode’s topic on the business buying process, Matt’s metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

December 3, 2018

Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over…

July 24, 2018

Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually…

April 17, 2018

Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg’s congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook’s Terms of Service, and how businesses should be handling data privacy. Full Podcast Transcript NASIR:…

March 10, 2018

The Trump presidency has led to a major increase in ICE immigration enforcement. It’s critical for business owners to both comply with and know their rights when it comes to an ICE audit or raid. Nasir, Matt, and Pasha Law attorney Karen McConville discuss how businesses can prepare for potential ICE action and how to…

February 5, 2018

New years always bring new laws. Effective January 1, 2018, California has made general contractors jointly liable for the unpaid wages, fringe benefits, and other benefit payments of a subcontractor. Nasir and Matt discuss who the new law applies to and how this affects all tiers in the general contractor-subcontractor relationship. Click here to learn…

January 2, 2018

With a seemingly endless amount of new mattress options becoming available, it is unsurprising that the market has become increasingly aggressive. As companies invest in more innovative solutions to get in front of customers, review sites, blogs and YouTube videos have moved to the forefront of how customers are deciding on their mattresses and how…

December 7, 2017

In recent months explosive amounts of high profile allegations of sexual harassment, assault, and varying acts of inappropriate behavior have transcended every sector of our professional world. With a deluge from Hollywood and politics, and the private workforce, accusations have inundated our feeds and mass media. This harassment watershed has not only been felt within…

November 16, 2017

If you are not familiar with the EB-5 program started in 1990 to give green cards to certain qualified investors in the United States, then you may not have been alone a few years ago. Currently, the EB-5 program has since exploded since its inception and now hits its quotas consistently each year. The program…

October 10, 2017

Government requests come in multiple forms. They can come in as requests for client information or even in the form of investigating your company or your employees. Requests for Client Information General Rule to Follow Without understanding the nuances of criminal and constitutional law and having to cite Supreme Court cases, any government requests for…

August 24, 2017

Nasir and Matt suit up to talk about everything pertaining to employee dress codes. They discuss the Federal laws that govern many rules for employers, as well as state specific nuances in California and other states. The two also emphasize the difficulty in identifyingreligious expression in dress and appearance, how gender-related dress codes have evolved…

June 28, 2017

Nasir and Matt discuss the life cycle of a negative online review. They talk about how businesses should properly respond, how to determine if the review is defamatory, the options available to seek removal of the review, how to identify anonymous reviewers, whether businesses can require clients to agree not to write negative reviews, and…

June 7, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Mattbreak down social media marketing withguests Tyler Sickmeyer and Kyle Weberof Fidelitas Development. They first discuss contests and promotionsand talk about where social media promotions can go wrong,when businesses are actually running an illegal lottery, and the importance of a soundterms and conditions. Next, they…

April 3, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Matt go in depth with the subscription box business. They discuss where subscription box companies have gone wrong(4:30), the importance of a specifically tailored terms and conditions(6:30), how to structure return policies (11:45), product liability concerns (14:45),the offensive and defensive side of intellectual property (19:00),…

February 1, 2017

Nasir and Matt discuss the suit against Apple that resultedfrom a car crashed caused by the use of FaceTime while driving. They also discuss howforeseeable use of apps can increase liability for companies. Full Podcast Transcript NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys…

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

December 22, 2016

Nasir and Matt discuss the recent incidentat a Victoria’s Secret store where the store manager kicked out all black women after one black woman was caught shoplifting. They then each present dueling steps businesses should take when employees are accused of harassment.

December 8, 2016

Nasir and Matt return to talk about the different types of clients that may have outstanding invoices and how businesses can convert unpaid bills to getting paid.

November 10, 2016

After a long break, Nasir and Matt are back to discuss a Milwaukee frozen custard stand that is now revising it’s English only policy for employees. The guys also discuss how similar policies could be grounds for discrimination and what employers can do to revise their policies.

October 6, 2016

The guys discuss the new California law that allows actors to request the removal of their date of birth and birthdays on their IMDB page and why they think the law won’t last. They also discuss how age discrimination claims arise for business owner.

September 29, 2016

Nasir and Matt discuss the racial discrimination claims surroundingAirbnb and how it’s handled the situation. They also discuss some practical tips for businesses experiencing similar issues.

September 8, 2016

Nasir and Matt discuss whyAmazon seller accounts are getting suspended and banned without notice and how business owners can rectify this situation through a Corrective Action Plan.

August 25, 2016

Nasir and Matt talk about the accusations surroundingfashion giant Zararipping off the designs of independent artists like Tuesday Bassen and howsmaller companies can battle the industry giants.

August 18, 2016

Nasir and Matt discuss Brave Software’s ad replacing technology that has caught the eye of almost every national newspaper and has a potential copyright infringement claim looming. They also welcome digital marketing expert Matt Michaelree to speak on the specifics of what Brave is attempting to do and whether it has the answers moving forward.

July 28, 2016

Nasir and Matt discuss the sexual harassment lawsuit filed by Gretchen Carlson against Fox CEO Roger Ailes. They also talk aboutthe importance of sexual harassment training and properly handling such allegations in the office.

July 15, 2016

Nasir and Matt talk about the changes at Starbucks that have led to many disgruntled employees and customers.

We represent businesses.
That’s all we do.

Oh, and we love it.

We love our work. We love reviewing that lease for your new location. We thrive on closing that acquisition that nearly fell through. We’re fulfilled when we structure a business to grow, raise capital, and be legally protected.

We focus on developing close relationships with our clients by being like business partners. A partner who provides essential, personalized, proactive legal support.

We do all of this without utilizing the traditional billable hour model. You pay for the value we bring, not the time spent on calls, emails, and meetings.

Our team is made up of attorneys and staff that share these values and we are retained by clients who want the same.

Pasha Law PC operates in the states of California, Illinois, New York, and Texas.

Meet Our Team

Fractional General Counsel Services

Pasha Law Select offers the expertise of a high-end general counsel legal team for every aspect of your business at a fixed monthly rate. Pasha Law Select is deliberately designed to allow our legal team to be proactive, to anticipate, and to be comprehensive in serving our clients. To be great lawyers, we need to know our clients. We can’t know our clients unless we represent a select number of clients in the long-term. This is Pasha Law Select.

Learn More