We posted an article recently titled “Use of Artificial Intelligence for Assessments,” which you can reference here. It discusses the guidelines and ethical considerations for the use of assessments for selection or development. The current article expands on this and highlights the legal considerations in using AI in HR assessments. This article is not meant to convey legal advice, but rather to summarize information that HR professionals should consider when using assessments that integrate AI. They should also always ensure that they are consulting with their company’s own legal function about the assessments and assessment-related processes they are using for decision-making purposes.

The use of Artificial Intelligence (AI) for assessments is a very popular topic today. Hopefully, the discussion will not only help people to better understand AI and its opportunities and potential risks but also brings more awareness to standards for assessment use in general.

Assessments in the Human Resources arena for organizational use have different objectives, but there are always guidelines to follow. The guidelines that most people know about are the Uniform Guidelines on Employee Selection Procedures. Any assessment used for decision-making purposes (selection or hiring, promotion, or other types of decisions such as succession-related) should stand up to the scrutiny of these guidelines. If not, the organization is at risk of legal action and the sometimes very substantial costs that come with it.